By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN) Administrative fees and claims existing when Chapter 13 plan was confirmed would reduce the amounts received by unsecured creditors in a Chapter 7 under the “best interests of creditors test;” unsecured creditors, expected to receive payments over three years, must be paid the “present value” of that stream of...
From the Editor – Avoidance Actions
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By The Honorable William Houston Brown (Retired)
Lien avoidance and domestic support obligation. Interpreting § 522(f)(1)(A)’s exception from lien avoidance for a judicial lien securing a domestic support obligation, the court found that the lien at issue did not fit within § 101(14A)’s definition of a domestic support obligation; as a result, the lien was avoidable. In re Ballinger, ___ B.R. ____, 2013 WL 6383011 (Bankr. E.D. Ark. Nov. 25, 2013).
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The Honorable William Houston Brown retired in 2006 as a United States Bankruptcy Judge for the . . .
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