Legal News for Credit Union Managers Since 1990
« Mortgaged Property Kept Without Reaffirmation or Redemption
Credit Union Security Interest Extinquished »
20
Aug
2020

Chapter 13 “Camper” Payments Denied

In this case, the debtor included in his Chapter 13 bankruptcy repayment plan a monthly payment of $140.00 for a camper.
 
The bankruptcy trustee objected to such a payment since it was not a “reasonably necessary expense” for the maintenance or support of the debtor as required by the Bankruptcy Code.
 
The court upheld the trustee’s objection and noted that the funds could better be directed to repay a greater portion of unsecured debts.

One purpose of a Chapter 13 case is to allow a debtor to maintain a reasonable lifestyle while simultaneously insuring that the debtor makes a serious effort to fulfill his/her obligations to pre-petition creditors by eliminating unnecessary or unreasonable expenses.

 The court denied debtor’s request to retain and fund the camper. In re Vincent Rybicki, 138 B.R. 225.

Author: Charles R. Harroun, Attorney at Law



This entry was posted on Thursday, August 20th, 2020 at 4:32 am and is filed under Bankruptcy. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.

Leave a Reply

Your comment

Powered by WP Hashcash

  • Recently Posted Articles written by: Charels R. Harroun, Attorney at Law

    • Nondischargeable Debt: False Financial Statement
    • Credit Union Freezes Member’s Account
    • Reaffirmation, Redemption or Surrender of Collateral
    • State Wage Garnishment Valid For Other States
    • Right of Rescission – Refinance
    • Insurance Lapse: Lift Stay & Repossess Collateral
    • Collection Letter Not Required Before Filing Suit
    • Fraudulent Check Endorsement by Borrower
    • Creditor Required to Release Lien
    • Chapter 13 Plan Cures Arrearage
    • Defective Automobile Lien Enforced

  • Website Builder

2009-2020 Copyright Harroun, P.C. | Credit Union Legal Newsletter powered by WordPress and Uchilla
Subscribe: Entries (RSS) and Comments (RSS)