Chapter 13 Jurisdictional Limit Is Waived

We have had previous discussions that the jurisdictional limit in chapter 13 cases creates a major problem for many debtors to successfully confirm a chapter 13 plan. However, a recent case, In re Kevin Rosa, Case NO 6:10-bk-07799-ABB, recognized that if no one timely objects, the chapter 13 jurisdictional limit is waived. In this December 15, 2011 decision, Judge Arthur Briskman in the Middle District of Florida, citing In Re Sullivan, 245 BR 416(N.D. FL 1999), denied a motion to dismiss or convert to chapter 7 filed by a creditor(it appears the creditor was the former wife).

Robin Weiner, Chapter 13 Trustee in Broward and Palm Beach County, Florida, has announced that, depending on the case, she will not assert that the debtor is over the jurisdictional limit.

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