Critical Case Comment

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

In re Stewart, No. 13-33037 HCD (Bankr. N.D. Ind. Filed August 26, 2014) (Dees). When a below-median income debtor establishes good cause permitting the extension of a Chapter 13 plan beyond 36 months, the debtor must commit all projected disposable income to the plan for the entire term of the plan.

Case Summary

Ms. Stewart filed a Chapter 13 plan as a below-median income debtor and proposed to make no distribution to unsecured creditors, pay priority claims in . . .

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By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville) When a case converts from Chapter 13 to Chapter 7 prior to the confirmation of a plan, the Chapter 13 Trustee is not permitted to divert funds from the debtor to the debtor’s attorney. In re Lettie, 597 B.R. 637 (Bankr. E.D Wis. 2019)...

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Prior to his appointment as a bankruptcy judge for the District of Utah in September of 2015, Judge Anderson served for seventeen years as the Standing Chapter 13 Trustee for the District of Utah. During this time, he administered over 70,000 Chapter 13 cases. Judge Anderson was elected president of the National Association of Chapter 13 Trustees (NACTT), and he...

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