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§ 1326(c)

Hamming, In re

Ruling
Post-confirmation amendment allowing the debtors to make direct payments to their mortgage lender under the terms of a loan modification agreement was not inconsistent with the debtors' original Chapter 13 plan. (Bankr. W.D. Mich.)
Issue(s)
Payments; Payments to Creditors.

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Consumer opinion summary, case decided on November 06, 2024 , LexisNexis #0125-069

In re Dubose

Ruling
Trustee was required to disburse funds returned to estate by IRS post-dismissal to unsecuredcreditors who had not been paid in full upon discharge. (Bankr. M.D. Ala.)
Issue(s)
What was the proper post-dismissal distribution of funds returned by the IRS to the chapter 13 trustee?

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Consumer opinion summary, case decided on August 02, 2016 , LexisNexis #0816-117

In re Lopez

Ruling
BAPCPA did not prevent appointment of debtor as disbursing agent under plan.
Procedural posture

Trustee objected to the confirmation of the debtor's chapter 13 plan on the ground that the plan could not, after amendments under the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 ("BAPCPA") and under pre-BAPCPA authority, appoint the debtor as disbursing agent under the plan for current payments due under the debtor's home mortgage. The court held a hearing on the matter.

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opinion summary, case decided on October 04, 2006 , LexisNexis #1006-116

In re Vigil

Ruling
Court denied plan confirmation due to insufficient information but noted that direct payments would have been permissible.
Procedural posture

A chapter 13 trustee objected to the confirmation of a plan that called for the debtors making payments on two debts secured by personal properly directly to the creditors rather than through the trustee.

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opinion summary, case decided on June 19, 2006 , LexisNexis #0706-082