Is a debtor permitted to use the proceeds of a post-petition sale of prepetition real estate to pay creditors under a chapter 13 plan?
federal, United States of America
The following excerpt is from Black v. Leavitt (In re Black), 609 B.R. 518 (B.A.P. 9th Cir. 2019):
Finally, he argued that, under McDonald v. Burgie (In re Burgie) , 239 B.R. 406 (9th Cir. BAP 1999), the sale proceeds were not disposable income that he must commit to the plan, and he cannot be compelled to use the proceeds of the postpetition sale of prepetition real estate to pay creditors under a chapter 13 plan.
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