By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN) Chapter 13 debtor cannot submit missed payments to the trustee after the 60-month term of the plan has ended in an effort to cure defaults in the plan. (Bacharach) Kinney v. HSBC Bank USA, N.A., 5 F.4th 1136 (10th Cir. July 23, 2021) Case Summary Margaret Kinney filed a...
Critical Case Comment
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By Henry E. Hildebrand, III, Chapter 13 Trustee for the Middle District of Tennessee, Nashville, TN
A Chapter 13 debtor need not receive a discharge in order to effect a lien avoidance; when the court has disallowed a secured claim, 506(d) permits the stripping of any lien asserted to support that claim. HSBC Bank v. Blendheim (Matter of Blendheim), 2015 WL 5730015 (9th Cir. October 1, 2015) (Bybee)
Case Summary
In 2007, the Blendheims filed a Chapter 7 bankruptcy receiving a discharge in 2009. The day after they received their Chapter 7 discharge . . .
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