This post provides an update on Zoom 341’s and the procedure for emailing Zoom info to debtors’ attorneys; describes a new process for submitting proof that debtors have filed all required tax returns; and gives a short mention of modifying the plan to deal with mortgage payments that are suspended under a forbearance agreement.
The Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) was signed into law on Friday, March 27, 2020 and includes provisions that may have an effect on debtors and creditors in chapter 13 cases. Read on for more details.
When debtors cannot comply with terms of a confirmed plan due to unexpected circumstances, the noncompliance cannot always be fixed by modifying the plan or seeking court approval after the fact. This post is about two cases that were dismissed for reasons you might find surprising (but shouldn’t).
If a confirmed plan provides that the debtors will cure arrearages through the plan and maintain ongoing payments on a mortgage or long-term car loan, and the debtors complete plan payments and get a discharge, those section 1322(b)(5) debts are not discharged. What happens if after confirmation the debtors change their mind – is the claim still excepted from discharge?