Despite agreeing that the Tenth Circuit got it wrong, the Solicitor General for the United States filed a brief opposing certiorari in the case of Kinney v. HSBC Bank USA, No. 21-599 (brief filed Aug. 30, 2022). The issue was a simple one: whether the debtor could receive a completion discharge under section 1328(a) when she missed the final three payments on her mortgage due to a car accident, but made up the payments shortly after her plan expired. Read More
Tag Archive: Denial of Discharge
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SG Agrees 10th Erred But Opposes Cert
Posted by NCBRC - September 2nd, 2022
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Direct Mortgage Payments Not “Payments under the Plan” for Discharge Purposes
Posted by NCBRC - March 13th, 2018
Payments made directly by the debtor to the mortgagee are not “payments under the plan,” within the meaning of section 1328 and the debtor’s failure to make those payments are not cause for dismissal without discharge. In re Gibson, No. 12-81186 (Bankr. C.D. Ill. March 5, 2018).
Bryan and Holly Gibson made all payments in accordance with their five-year chapter 13 plan, and the trustee filed the notice of payment completion. Mortgage creditor, PNC, agreed that the Gibsons were current on their first mortgage and had paid the arrearage on the second mortgage through the trustee. However, it chose that moment to complain that, as of the beginning of the plan, the debtors had made none of the post-petition direct payments on their second mortgage. On the basis of that default, the trustee moved to dismiss under section 1307(c)(6). Read More
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Disclose, Disclose, Disclose
Posted by NCBRC - September 22nd, 2014
If you are filing for bankruptcy, do not forget to mention in your schedules the business interest you recently sold or the property you own in Mexico. That was the lesson learned by a couple of debtors who were denied discharge for just such omissions. Gronlund v. Anderson (In re Gronlund), No. 13-1566 (B.A.P. 9th Cir. Aug. 19, 2014) on appeal No. 14- 60053 (9th Cir.); In re Michelotti, No. 12-21679, Adv. Proc. No. 13-40 (Bankr. W.D. Tenn. July 17, 2014) on appeal, No. 14-8048 (B.A.P. 6th Cir.). Read More
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