This blog is intended to provide basic but useful information about legal matters pertaining to bankruptcy, foreclosure or other debt related matters in New Jersey. The information contained in this blog is in no means intended to substitute for the advice of legal counsel. If you are facing any of the issues in this blog you should consult an attorney directly.
Monday, October 15, 2012
Failure to Pay According to Plan Does Not Relieve Debtor From Responsibility in NJ
In a New Jersey Bankruptcy, the Debtors reorganized under a plan but failed to pay fees approved as part of the plan. Following the effective date of the approved plan, creditors discovered some cash budgeted for fees under the plan had not been paid. The district Court held that the fees are an administrative expense and necessary condition of the confirmation of the plan. The reorganized debtors could not be excused from payment of the obligation simply because the discharge had occurred.
This blog is for informational purposes only and in no way intended to replace the advice of an attorney regarding your specific matter. If you are a debtor or creditor in a bankruptcy matter, you should consult an experienced bankruptcy attorney immediately in order to protect your rights. For more information on foreclosure, bankruptcy or other consumer debt related matters in New Jersey visit TheNJBankruptcyAttorney.com.
Labels:
bankruptcy,
creditor,
debtor,
plan,
reorganization,
reorganize,
trustee
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ReplyDeleteGreat post!!Thanks for sharing it with us....really needed.I have successfully represented individual and commercial clients in bankruptcy proceedings for over twenty-five years.
I offer full-service bankruptcy representation at reasonable fees. Chapter 13 NJ