Legal Opinion

In re Villegas

United States Bankruptcy Court, W.D. Washington

Decided July 24, 2017No. Case No. 13-46178-BDLPublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM DECISION ON TRUSTEE’S MOTION TO MODIFY PLAN

Brian D. Lynch, U.S. Bankruptcy Court Judge

This case presents one of the many conundrums that arise when trying to determine how to treat a post-petition, non-income, asset received in a Chapter 13 case. In this case, the question is what to do about settlement proceeds from a post-petition, post-confirmation auto accident involving one of the debtors, Noel and Venus Villegas (the “Debtors”). The Chapter 13 Trustee Michael Malaier (“Ch. 13 Trustee”) filed a Motion to Modify the Debtors’ Ch. 13 Plan on March 2, 2017 (ECF No. 119) seeking to…

2Cases cited7 opinions

Barbosa v. SolomonCourt of Appeals for the First Circuit · 2000
Forbes v. Forbes (In Re Forbes)United States Bankruptcy Appellate Panel for the Eighth Circuit · 1997
In Re BarbosaUnited States Bankruptcy Court, D. Massachusetts · 1999
Hoopai v. HoopaiCourt of Appeals for the Ninth Circuit · 2009
In Re MattsonUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2012

2 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

Leora May TaylorUnited States Bankruptcy Court, D. Kansas · 2021