Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Trustee, Nashville, TN

Santander Consumer USA, Inc. v. Brown, 2014 WL 1245266 (11th Cir. March 27, 2014) (Bucklew)

“Replacement value” standard of § 506(a)(2) applies when a Chapter 13 debtor surrenders a vehicle under § 1325(a)(5)(C).

Case Summary

In July of 2007, Phillip Brown purchased a 37-foot 2006 Keystone Challenger recreational vehicle. In July of 2012, when Brown filed a Chapter 13 petition, the debt was held by Santander. Santander filed a secured claim, asserting that the amount outstanding on the debt was . . .

It looks like you are not signed in or registered! This content is only available to members.

Or sign in below:

No Author Biography has been linked to this Article.

Generative A.I. – Be Afraid, Be Very Afraid

Naliko Markel

October 22, 2023

“ . . . next leap: Generative A.I. learns everything there is to know about you from your public social media presence and crafts phishing attacks unique to YOU.”

Members

Gambled and Lost – Again

Michael J. McCormick, Esq.

June 29, 2025

This article is not mortgage-related and it is a Chapter 7 . . . BUT the order issued in this adversary is instructive regarding the bases for having records sealed in a bankruptcy case.

Members

Plan Confirmation, Valuation of Claims, and Burden of Proof

Robert G. Drummond

November 10, 2024

Some courts require debtors to prove collateral value as part of plan confirmation, while others shift the burden to creditors if debtors cast doubt on claim validity. Here Drummond looks at a new decision casting the burden on the debtor.

Members

Jan M. Sensenich

February 10, 2019

Jan M. Sensenich graduated from Windham College in Putney, Vermont in 1978 and Vermont Law School in 1983. He served as Core Faculty Member and Director of the Woodbury College Legal Clinic from 1983 to 1987and from 1990 to 1992. Jan was an Associate with Jerome I. Meyers, P.C. from 1987 to 1990 when he opened his own practice concentrating...

Ask Ms. Ps & Qs

December 13, 2020

By Professor Nancy Rapoport Dear Readers: The ConsiderChapter13.org staff has, once again, raised an important ethics issue: how far does the attorney-client privilege go? In Taylor Lohmeyer Law Firm v. United States,1 the Fifth Circuit had to wrestle with that issue after the law firm (Taylor Lohmeyer) claimed a blanket attorney-client privilege for all documents that were subject to the...

Bartenwerfer: Willful and Malicious Injuries?

M. Jonathan Hayes

August 3, 2025

Does Bartenwerfer extend to willful and malicious injuries? No says the 9th Circuit BAP.

Members

Eligibility “Twofer”

Henry E. Hildebrand, III

July 14, 2024

These cases are of specific interest to creditors but debtor attorneys and trustees also should be aware. Chapter 7 debtor bears the burden of proof of demonstrating eligibility in order to convert to Chapter 13; such proof requires them to demonstrate that they have regular income adequate to fund a Chapter 13 plan. AND . . . Chapter 13 plan fails to satisfy the eligibility requirements if it depends upon gifts or loans to be feasible.

Members

Analyzing the Troubled Chapter 13 During COVID19

May 3, 2020

By Cathy Moran, Esq. (Redwood City, CA) After the pandemic, when the economy lurches back into motion, bankruptcy lawyers will confront a clutch of troubled Chapter 13 cases. In the face of disruption, distress, and the unknown, we'll be called on to guide clients forward, in one direction or another. Let's review the questions we'll need to answer in order...

Members

The Hanging Paragraph – Hanging on Every Word Part 3 of 4

June 28, 2020

By Anthony J. Gomez, CPA, former extern to the Honorable John P. Gustafson, Northern District of Ohio at Toledo Click here for Part 1 Click here for Part 2 IV. The Hanging Paragraph’s effect on Interest Rates When the hanging paragraph is applicable, creditors are entitled to the full value of their secured claims as . . . It looks...

Members

Meet a New Trustee

The Academy

October 22, 2023

Angela M. Scolforo was appointed as the Chapter 13 Standing Trustee for the Western District of Virginia on April Fool’s Day. She replaced Herbert L. Beskin who served as the Trustee for 20 years, retiring in March of this year. Angela received a B.A. in English from College of the Holy Cross in Worchester, Massachusetts, in1987. She did not immediately go...

Critical Case Comment

Link to Post:

It looks like you are not signed in or registered! This content is only available to members.

Or sign in below:

Related Articles

Generative A.I. – Be Afraid, Be Very Afraid

Gambled and Lost – Again

Plan Confirmation, Valuation of Claims, and Burden of Proof

Jan M. Sensenich

Ask Ms. Ps & Qs

Bartenwerfer: Willful and Malicious Injuries?

Eligibility “Twofer”

Analyzing the Troubled Chapter 13 During COVID19

The Hanging Paragraph – Hanging on Every Word Part 3 of 4

Meet a New Trustee

Academy

Members

Website

Legal

Looking to Become a Member?

Webinars

Member Articles

Industry News

To get started, please let us know which of these best fits your current position: