Critical Case Comment

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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In the Greatest Hits Department . . .

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Staff Attorney Jeff Leforce brought us this case back in January of 2022 . . . When is Enough, Enough? Pro Se Dismissed with Extended Prejudice (and Violates Bar)

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Rules, Means-Test Amounts and Miscellaneous Fees: Changes Wrap Up 2020

November 15, 2020

By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN) Federal Rules of Bankruptcy Procedure Amendments Effective December 1, 2020 The Judicial Conference proposed, and Congress has not changed, the amendments to the following Federal Rules of Bankruptcy Procedure: Rules 2002, 2004, 8012, 8013, 8015 and 8021. Absent Congressional action, which is not expected, they will be effective at the...

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Annulment of the Automatic Stay: A Concept Whose Time Has Come – And Gone

June 21, 2020

By Academy Staff The Automatic Stay is one of the most fundamental aspects of the Bankruptcy Code, providing a Chapter 7 Trustee “breathing room” to investigate Debtor’s financial affairs; and providing Debtors in Chapter 13 time to formulate and confirm a Chapter 13 Plan without facing the imminent loss of assets. Equally important, most Courts have concluded that actions in...

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Judge Appointed

The Academy

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Seventh Circuit Announces the Appointment of Michael B. Slade to the U.S. Bankruptcy Court for the Northern District of Illinois

I Win. I Win. Trustee Holds Record for Having the Oldest Open Chapter 13 Case

April 7, 2019

By Helen M. Morris, Chapter 13 Standing Trustee for the Northern and Southern Districts of West Virginia It really takes so little to make a Chapter 13 Trustee happy—debtor’s counsel using calculators when they draft a plan ($100 for 36 months is NOT $4,936.87 no matter how many times it is repeated); saying “the Trustee is right” distinctly in open...

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July 3, 2022

In these times of fewer case filings, it may be helpful to look at ways that debtor attorneys may build and strengthen their chapter 13 bankruptcy practice. The following are some recommendations and ideas from the Emeritus Trustee Committee:

From the Editor – Lien Modification

March 28, 2021

By The Honorable William Houston Brown (Retired) Junior mortgage lienholder not affected by modifications of senior mortgage. Under Pennsylvania law, the prepetition modification of terms of the senior mortgage had recapitalized interest and costs already owed but had not created new liabilities. As a result, the junior mortgage holder was not materially prejudiced. The Chapter 13 debtors could avoid the...

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From the Editor – Claims

February 9, 2020

By The Honorable William Houston Brown (Retired) Unreasonable fees for proof of claim. $4,000 fee for private mortgagee’s proof of claim and objection to proposed plan was unreasonable, and creditor was denied recovery of $7,500 attorney fee for responding to debtor’s objection to proof of claim. The Court considered Fannie Mae’s guidelines for maximum fees related to proof of claim...

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SBRA – The Sequel: Leases in Bankruptcy Under the Consolidated Appropriations Act of 2021 (“CAA”)

February 21, 2021

Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN) Appendix 11 U.S.C. § 365(d)(3) and (4), Showing Changes Made by Consolidated Appropriation Act, 2021 ("CAA"), Pub. L. 116-260, 134 Stat. 1182 (eff. Dec. 27, 2020) (Sunset December 27, 2022. Changes continue to apply in cases commenced before sunset under subchapter V of Chapter 11.) 11 U.S.C. § 365(d)(3) Pre-CAA Post-CAA...

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What A Bankruptcy Lawyer Is Thankful For

Cathy Moran

November 19, 2023

On Thanksgiving, I’m mindful of how precious the American approach to insolvency is.

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Related Articles

In the Greatest Hits Department . . .

Rules, Means-Test Amounts and Miscellaneous Fees: Changes Wrap Up 2020

Annulment of the Automatic Stay: A Concept Whose Time Has Come – And Gone

Judge Appointed

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