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MONTH-IN-BRIEF (Dec 2018)

Consumer Finance

Eleventh Circuit Holds That a Chapter 13 Plan That Did Not “Provide For” Mortgage Was Not Discharged

By Eric Tsai, Maurice Wutscher LLP

The U.S. Court of Appeals for the Eleventh Circuit recently held that a mortgage with a post-plan maturity date was not discharged in a Chapter 13 bankruptcy because the plan did not “provide for” the debt and modify the repayment terms of the mortgage.  At the time she filed bankruptcy, the debtor was current on her payments for the creditor’s two mortgages on her home.  The debtor’s Chapter 13 plan stated that she would make payments directly to the creditor.  The plan did not set repayment terms for the creditor’s secured claims.  The debtor fell behind on her payments to the creditor, and upon completion of her plan payments, the bankruptcy court entered a Chapter 13 discharge.  The creditor foreclosed on the debtor’s home under the second mortgage and sought a personal judgment against the debtor on the first mortgage.  The bankruptcy court and the district court both concluded that the first mortgage was not discharged. 

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