Amount of plan payment in a Chapter 13 case in a Chapter 20
Posted: Fri Dec 11, 2015 12:12 pm
*If you already received a discharge in a 7 and file a 13 to avoid a lien
on your property (i.e., in rem liability), how much should your chapter 13
plan pay since you have no in personam debt anymore?* I had a similar
situation in front of Judge Jury where the debtor's husband had received a
discharge in a 7 while the wife had a 13 going on and under In Re Kimmel
the wife's in personam liability had been discharged... When a creditor
asked for payment of a previously omitted claim, the judge said the debtor
was not even allowed to pay that discharged creditor through the plan, but
she didn't cite any authority. Any ideas?
Note that the foregoing situation is clear in a subsequent 11 because
Section 1111(b)(1) revives the liability.
BTW, I pulled up the plan in the Blendheim case from the 9th Circuit that
expressly allows a 20 to get rid of a lien but it's not clear.
Giovanni Orantes, Esq.*
Orantes Law Firm, P.C.
3435 Wilshire Blvd. Suite 2920
Los Angeles, CA 90010
Tel: (213) 389-4362
Fax: (877) 789-5776
e-mail: go@gobklaw.com
website: www.gobklaw.com
**Certified Bankruptcy Specialist, State Bar of California, Board of Legal
Specialization*
*Board Certified - Business Bankruptcy Law - American Board of Certification
*Board Certified - Consumer Bankruptcy Law - American Board of Certification
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Outside General Counsel
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SERVING BAKERSFIELD, LOS ANGELES, ORANGE COUNTY, RIVERSIDE, SAN BERNARDINO
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If you already received a discharge in a 7 and file a 13 to avoid a lien on your property (i.e., in rem liability), how much should your chapter 13 plan pay since you have no in personam debt anymore? I had a similar situation in front of Judge Jury where the debtor's husband had received a discharge in a 7 while the wife had a 13 going on and under In Re Kimmel the wife's in personam liability had been discharged... When a creditor asked for payment of a previously omitted claim, the judge said the debtor was not even allowed to pay that discharged creditor through the plan, but she didn't cite any authority. Any ideas?Note that the foregoing situation is clear in a subsequent 11 because Section 1111(b)(1) revives the liability.BTW, I pulled up the plan in the Blendheim case from the 9th Circuit that expressly allows a 20 to get rid of a lien but it's not clear.--
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