Critical Case Comment

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

While the statute does not require an above-median income debtor to pay all claims in full faster than sixty months, it is not inappropriate for a bankruptcy court to condition confirmation of a plan to preclude the debtor’s discharge if the plan is later modified to reduce the dividend below 100%. (Gargotta) In re Crawford, 2016 WL 408924 (Bankr. W.D. Tex. July 22, 2016)

Case Summary

The Crawfords filed a Chapter 13 petition in December . . .

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Unredeemed Pawned Property and Chapter 13 Plan Confirmation: Must a Pawnbroker Object?

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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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Critical Case Comment – No Approval No Pay

Henry E. Hildebrand, III

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It is incumbent upon nonbankruptcy attorneys, including personal injury attorneys, to verify on PACER that their client is not a debtor and that the cause of action as to which they represent their client is not property of the estate; failure to obtain approval of the bankruptcy court for representing a debtor or settlement of a personal injury action is...

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By Academy Staff In July of 2016 ConsiderChapter13.org posted an article, “Another Arrow in the Quiver of the ‘Less Than Honest Debtor’.” That article addressed a decision of the Bankruptcy Court for the Eastern District of Tennessee in In re Hurt, 2015 WL 9592064 (Bankr. E.D. Tn. 2015), in which the Court overruled the Trustee’s objection to exemptions. In Hurt,...

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Lawyers are People Too: An Interview with Jenny Doling

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Ask Ms. Ps & Qs

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