Case Bites: Interesting Issues and Decisions from This Week’s Cases

Case Bites: Interesting Issues and Decisions from This Week’s Cases

Issues discussed in cases below:

  • Can a debtor waive a written affirmative defense to relief from stay by failing to argue or prove it at trial?  (Bankr. E.D.Ark.)
  • Is a DSO creditor entitled to object to a plan if the creditor didn’t timely file a proof of claim? (Bankr. N.D.OH.)
  • Is a Debtor’s disclosure of property interests in his schedules considered a judicial admission that the property is property of the estate? (Bankr. N.D.GA.)
  • Does a debtor have to prove a “change in circumstances” before a confirmed chapter 13 plan can be modified under Section 1329? (Bankr. M.D.Penn).

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