Critical Case Comment: In re Keele

By Henry E. Hildebrand, III, Chapter 13 Trustee for the Middle District of Tennessee

In re Keele, 2012 WL 893351 (Bankr. D. Kan, March 14, 2012) (Somers)

A secured creditor is entitled to pre-confirmation adequate protection payment under §§ 361, 362 and 363 only where the creditor makes a request for it.

Case Summary

In May 2010 the debtors refinanced an obligation secured by a 1999 double-wide manufactured home with First Federal Savings Loan. When they filed their Chapter 13 plan a year later, they sought to “cram down” the obligation to First . . .

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Court Review of Fee Applications in Chapter 13: One Judge’s Perspective

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By Hon. Brian Lynch, Bankruptcy Judge, WAWB “[T]he bankruptcy court has a duty to review fee applications, notwithstanding the absence of objections by the United States trustee (“UST”), creditors, or any other interested party….” In re Busy Beaver Bldg. Ctrs., Inc., 19 F.3d 833, 841 (3d Cir. 1994). In Chapter 13 cases this role is critical because in this judge’s...

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From their spring edition of The Quarterly our friends at NACTT have shared a timely piece from creditor attorney Thomas Humphries. _____________________ Thomas Humphries is an attorney with the firm of Sirote & Permutt, PC in Birmingham Alabama. Thomas represents the mortgage banking industry and various creditors in bankruptcy proceedings throughout the State of Alabama. Thomas’s practice includes the defense...

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Henry E. Hildebrand, III

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By William H. Brown, Adviser to The Academy d/b/a ConsiderChapter13.org In the most recent opinion on the issue, as of this writing, the Court in In re Rivera, 2019 WL 1430273 (Bankr. D. Ariz. Mar. 28, 2019), in perhaps still a minority view, concluded that debtors’ default in making all direct postpetition mortgage payments was not a failure to complete...

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Honorable Brian D. Lynch

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“Currently, if a district’s weighted caseload is below one-thousand per the number of judges in that district . . . in all probability, recommend that the circuit not replace the judge.”

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From the Editor – Lien Issues

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By The Honorable William Houston Brown (Retired) Legal rate of interest applies after foreclosure judgment. Applying New Jersey common law on merger, the mortgage was merged into a final order of judgment of foreclosure; therefore, the mortgage was no longer the basis for determining post- judgment interest. The debtor obtained a sale from which the mortgage creditor would be paid,...

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