Skip to main content

Page Banner(Taxonomy)

judge lovell

Whitney v. Drummond (In re Whitney)

Ruling
Discharge based on early payment of full amount due under chapter 13 plan denied.
Procedural posture

Appellant bankruptcy debtor filed for chapter 13 bankruptcy. The U.S. Bankruptcy Court of the District of Montana confirmed a chapter 13 plan. The debtor filed a motion for discharge due to full payment 28 months before the 60-month plan period was to close. Appellee trustee filed an objection asserting that excess tax refunds she had paid were in addition to (not as credit toward) the monthly payments. The motion was denied; she appealed.

ABI Membership is required to access the full summary of Whitney v. Drummond (In re Whitney) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on January 28, 2008 , LexisNexis #0208-102