From the Editor – Chapter 13 Issues

By The Honorable William Houston Brown (Retired)

Disposable Income: Step up payments required after completion of 401(k) loan. Sustaining the trustee’s objection to confirmation and citing the majority position, when the debtors would complete repayment of a 401(k) plan loan within twenty-four months, they were required to increase plan payments, since the funds previously used to repay the loan would become disposable income. Repayment of the loan is a known or virtually certain change in financial circumstances under Hamilton v. Lanning. The debtors’ argument that they needed the extra funds . . .

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October 12, 2025

Last week, we asked for your help in developing a Means Test webinar and you came through for us. Congratulations to the winner of the 6-month subscription: R. Michael Smith.

The Trustee Is Not Your Collection Agent

Henry E. Hildebrand, III

February 22, 2026

A Chapter 13 trustee has an obligation to return all funds on hand (after deducting for delinquent adequate protection or administration claims) to the debtor if their plan is not confirmed; the Code requirement trumps a state law garnishment issued against the trustee.

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Tax Time Guide: Contribute to an IRA by April 15 to claim it on 2018 tax returns

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3/19/19 IRS reminded taxpayers that it’s not too late to contribute to an Individual Retirement Arrangement (IRA) and still claim it on a 2018 tax return. Anyone with a traditional IRA may be eligible for a tax credit or deduction on their 2018 tax return if they make contributions by April 15, 2019. This news release is part of a...

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By Mary Beth Ausbrooks, Rothschild & Ausbrooks PLLC (Nashville, TN) With the prolonged decline in case filings, I found that sending a mass emailed newsletter has been very beneficial. In order to send a mass email to a group of people, it was necessary to find software that would send the emails out in such a fashion that the email...

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MFA – Click It or Ticket

Naliko Markel

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MFA isn’t just an inconvenience - it’s your digital seatbelt, and in a world of escalating cyber threats, failing to use it is like refusing to buckle up on the freeway.

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Critical Case Comment

June 16, 2019

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee Mortgage creditor may not withdraw a notice of fees, costs, and charges filed in a case after the supplement to the claim has been challenged without court approval; the allowance of such a notice will not be permitted where a state statute forbids it. Quicken...

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The Effect of “Success” (or the Lack of It) on Attorneys’ Fees Part 2: In re Village Apothecary, Inc.

Lawrence R. Ahern, III

October 2, 2022

Introduction In In re Village Apothecary, Inc.,1 the Sixth Circuit recently cut an attorney's fee by half, where the services were not successful. The panel held that the results obtained (or, actually, the lack of results) justified the dramatic reduction of the fees of attorneys for a Chapter 7 trustee. In Part 1, we looked at . . . It...

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Substantial Contribution Claims

June 9, 2019

By Nicholas Miller, Third-Year Student, University of Texas School of Law, and Madison Haueisen, Second-Year Student, University of Texas School of Law The second issue at hand in this year’s Duberstein moot court problem involves a matter of statutory interpretation—specifically, whether §503(b) of the Bankruptcy Code allows a creditor to recover costs and expenses incurred in making a substantial contribution...

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The Mystery of the Disappearing Means Test Deduction

Cathy Moran

January 28, 2026

Just when you thought you figured out the means test, a debtor throws you a curveball. Like the Naked City, there are eight million means test stories out there. This is one of them. I was reviewing a petition that a young lawyer I mentor was prepared to file. The debtor is recently married and he and his bride each make...

Bankruptcy Lawyer Must Have Otherworldly Powers

Cathy Moran

November 5, 2023

Just for fun . . .

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From the Editor – Chapter 13 Issues

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Means Test Webinar

The Trustee Is Not Your Collection Agent

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