Kentucky Bankruptcy Law

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The Impact of the CARES Act on Chapter 13 Cases

A great breakdown of some of the debt related provisions of the CARES act.

Chapter 13 Trustee, EDKY: Trustee's Blog

The Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) was signed into law on Friday, March 27, 2020 and includes provisions that may have an effect on debtors and creditors in chapter 13 cases.

Bankruptcy-Specific Provisions:

Payments the federal government will make to individuals under the CARES Act (the well-publicized $1,200/$2,400+ direct payments) are not counted as income for bankruptcy purposes.  Debtors in chapter 13 cases can keep the money.

Section 1329 of the Bankruptcy Code relating to modification of plans after confirmation has been amended to add a new subsection (d).  I have decided to skip the soundbite and set forth the actual statutory language as follows:

(d)(1) Subject to paragraph (3), for a plan confirmed prior to the date of enactment of this subsection, the plan may be modified upon the request of the debtor if-

(A) the debtor is experiencing or has experienced a material financial…

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March 31, 2020 - Posted by | Uncategorized

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