Critical Case Comment

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

In re Rogers, 494 B.R. 664 (Bankr. E.D. N.C., July 8, 2013) (Leonard). A mortgage obligation treated in a debtors’ plan as current and paid directly by the debtors is nonetheless discharged pursuant to 11 U.S.C. 1328(a) and the mortgage creditor cannot pursue the deficiency that might have accrued when the debtors subsequently defaulted on their payments.

Case Summary

The debtors filed their Chapter 13 petition in November of 2008. At that time, the . . .

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Creditors’ Rights and Debtors’ Protections at the Intersection of Consumer Bankruptcy and UCC Article 9

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By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN) PART II – BASICS OF PERFECTION OF SECURITY INTERESTS Introduction Current circumstances, with a pandemic and a recession, portend a wave of bankruptcy filings. In the consumer bankruptcy field, trustees and debtors' counsel often are uncomfortable with the rules in UCC Article 9. In this space, we have previously looked...

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Critical Case Comment – If Objection, Arrears Gotta’ Be Equal Monthly Installments

Henry E. Hildebrand, III

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