Direct Mortgage Payments Are ‘Under the Plan,’ Ninth Circuit BAP Says

Circuitously, the Ninth Circuit Bankruptcy Appellate Panel joined what it called the “overwhelming majority of courts” by concluding that direct payments on a mortgage by a chapter 13 debtor are “payments under the plan.” Assuming the BAP’s ruling is followed by lower courts, debtors in the Ninth Circuit who miss direct payments on their mortgages will not be entitled to discharges under Section 1328(a). But that’s not how the case arose.

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