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66 I N D U S T R Y I N S I G H T / S E T H J . G R E E N H I L L e term "provided for" has been a long-standing concept within the context of Chapter 13 bankruptcy—especially when it pertains to mortgage arrears. In fact, there have seldom been cases from appellate courts that fully analyze its meaning. However, on December 6, 2018, the Eleventh Circuit Court of Appeals in Dukes v. Suncoast Credit Union (In re Dukes), 909 F.3d 1306 (11th Cir. 2018) , a case of first impression, finally gave meaning to the phrase "provided for" in Section 1328(a) of the Bankruptcy Code. On February 18, 2009, Mildred Dukes filed for Chapter 13 Bankruptcy. In her plan, she stated that no money would be paid to Sun- coast Credit Union (the first mortgage holder on her primary residence) and that any money paid would be paid directly to Suncoast and not through the bankruptcy trustee. Suncoast did not object to the plan and the court issued an order confirming the plan in May of 2010. Dukes made all of her required payments to the trustee and, upon completion, the bank- ruptcy court issued a discharge pursuant to 11 U.S.C. §1328(a). During the interim, Dukes defaulted on her obligation to Suncoast and Suncoast subsequently foreclosed and sought a deficiency judgment against her. In 2014, Suncoast moved to reopen the bankruptcy and seek a determination as to whether or not Dukes' personal liability had been discharged. e bankruptcy court found that Suncoast's mortgage was not "provided for" by the plan, as it was paid outside and, thus, not discharged. Dukes appealed to the district court, which affirmed the bankruptcy court's ruling. Dukes ultimately appealed to the Eleventh Circuit. THE FINE PRINT In determining the meaning of "provided for," the Eleventh Circuit looked to a previous Supreme Court decision, in Rake v. Wade, 508 U.S. 464, 113 S.Ct. 2187, 124 L.Ed.2d 424 (1993), in which the Supreme Court deter- mined that "[t]he most natural reading of the phrase to 'provid[e] for by the plan' is to 'make a provision for' or 'stipulate to' something in a plan." e Eleventh Circuit found that the debtor's plan, by stating that Suncoast would be A court of appeals has ruled on a case that could have implications for creditors in Chapter 13 bankruptcy cases—and it all comes down to defining the term "provided for."

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