By Daryl J. Smith, Senior Staff Attorney to Sylvia Ford Brown, Chapter 13 Standing Trustee (Memphis, TN) Are chapter 13 serial filers abusing the bankruptcy system? Maybe or maybe not. There are many reasons debtors file multiple bankruptcy cases across the nation, including but not limited to parking tickets, court fines, utilities, lack of financial literacy, foreclosure, past due rent,...
Critical Case Comment: In re Keele
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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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