Skip to main content

§ 1326(a)

In re Clay

Mar
15
2006
Ruling
Court ruled that Code section 1326(a)(1) still allowed debtors to make direct payments to creditors.
Procedural posture

Under the debtor's proposed chapter 13 plan, the debtor proposed to pay the majority of her secured creditors directly. The chapter 13 trustee objected to confirmation of the plan, arguing that direct payments are not permissible under the Bankruptcy Code.

ABI Membership is required to access the full summary of In re Clay Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

opinion summary, case decided on March 15, 2006 , LexisNexis #0406-007
LexisNexis Article
Learn More

In re Beaver

Jan
24
2006
Ruling
Court held that the debtor was not limited to making preconfirmation direct payments to provide adequate protection to the creditor of a security interest and approved an agreed-on preconfirmation installment payment plan.
Procedural posture

Petitioner creditor filed a motion for preconfirmation adequate protection of its security interests in vehicles owned by one of respondent debtors. The debtors objected that adequate protection could be provided by means other than the direct payments requested.

ABI Membership is required to access the full summary of In re Beaver Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

opinion summary, case decided on January 24, 2006 , LexisNexis #0206-060
LexisNexis Article
Learn More

In re Bailey

Sep
23
2005
Ruling
Debtors were entitled to return of funds held by a trustee following dismissal of their unconfirmed chapter 13 case over a creditor's state garnishment claim.
Procedural posture

After the debtors'chapter 13 case was dismissed, but before movant chapter 13 trustee could distribute the accumulated plan payments to the debtors, a creditor served the trustee with a garnishment under Oregon law. The trustee moved for instructions on whether the trustee was required to honor the state law garnishment for the plan payments collected prior to dismissal.

ABI Membership is required to access the full summary of In re Bailey Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

opinion summary, case decided on September 23, 2005 , LexisNexis #0106-070
LexisNexis Article
Learn More
Subscribe to %1