Critical Case Comment

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

A creditor holding two mortgage claims cannot manipulate one claim to create equity supporting a junior lien, precluding a strip-off of such lien. In re Rougier, 2016 WL 5109803 (Bankr. D.R.I. September 16, 2016) (Finkle)

Case Summary

Sharon Rougier owned property in Warwick, Rhode Island, which was subject to several mortgages. Both the first and second mortgages were held by the Pawtucket Credit Union. Ms. Rougier’s proposed Chapter 13 plan sought a determination that the . . .

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Critical Case Comment

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By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville) When a case converts from Chapter 13 to Chapter 7 prior to the confirmation of a plan, the Chapter 13 Trustee is not permitted to divert funds from the debtor to the debtor’s attorney. In re Lettie, 597 B.R. 637 (Bankr. E.D Wis. 2019)...

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