Critical Case Comment

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

There is nothing inherently wrong or in bad faith for a poor but struggling debtor to file a Chapter 13 plan where the results pay only the filing fee, the attorney’s fee, and the Trustee commission; whether a particular case is filed in good faith or is feasible is determined on a case by case basis. In re Wark, 2015 WL 927216 (Bk.D. Kans. December 17, 2015) (Karlin)

Case Summary

The United States Trustee contested the confirmation . . .

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Mortgage Loan Modification Does Not Alter Lien Priority

December 6, 2020

By Scott F. Waterman, Chapter 13 Standing Trustee for the Eastern District of Pennsylvania (Reading) Modifying a first mortgage is one of the most common loss mitigation tools available to bring a loan current to prevent foreclosure. In this case the first mortgage was modified twice by capitalizing the unpaid interest, reducing the interest rate, and reducing the monthly payments...

Small Business Reorganization Act…(“SBRA”) H.R. 3311 – Part Three

October 6, 2019

By Jan Hamilton, Chapter 13 Standing Trustee (Topeka, KS) Click here for Part One Click here for Part Two What needs to be in a plan filed in a case under the SBRA? Start with the statute…1 A. Contents of Plan2 Comparison of “Contents . . . It looks like you are not signed in or registered! This content is...

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Meet the Newest Trustee

February 16, 2020

Although she steps into very large shoes, Julie Philippi is a welcome addition to the Chapter 13 Trustee fraternity. Ms. Philippi was appointed as the Chapter 13 Standing Trustee for the Western District of New York on January 1, 2020. Those large shoes were left by retiring NACTT icon, Albert Mogavero. “Al” served as Standing Trustee for 42 years (yep,...

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Find The Hidden Mortgage Interest Tax Deduction in Bankruptcy

Cathy Moran

October 8, 2023

An article we run about this time each year . . . Do you have clients in an active Chapter 13 plan paying back mortgage payments that were delinquent when the case was filed? There could be a significant tax deduction hidden in there somewhere. Learn how to find it.

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Guesswork Doesn’t Modify Plans

Henry E. Hildebrand, III

January 4, 2026

Modification of a confirmed Chapter 13 plan cannot be based on speculative, uncertain, and anticipated conditions; the “best interest of creditors test” is determined at the time of confirmation of the original plan and not the confirmation of a modified plan.

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Diaz: Is it Really a Tax Refund?

December 20, 2020

By Cathy Moran, Esq., Moran Law Group (Redwood City, CA) On its face, Diaz (Diaz v. Viegelahn, No. 19-50982 (5th Cir. Aug. 26, 2020)) is a pretty straightforward decision that struck down a local form plan as violating a below-median income debtor's right to use her tax refund to finance necessary expenses for maintenance and support. On a deeper level,...

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Vesting Victories: Chapter 13 Debtors Shielded Against Unlisted Asset Claims

Henry E. Hildebrand, III

August 25, 2024

Once a Chapter 13 case is completed and the debtor receives a discharge, the trustee cannot seek to reopen the case for the purpose of grabbing an undisclosed, prepetition asset and then converting the case to a Chapter 7 so it could be administered.

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Is That AI in Your Inbox or Are You Just Happy to Paste Me?

Jen Lee

March 30, 2025

“Remember when humans used to write their own content? Yeah, me neither. Now we're stuck reading emails, posts, and articles clearly pumped straight out of ChatGPT with zero editing…and horrible formatting.”

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Bankruptcy Threshold Adjustment and Technical Corrections Act

Henry E. Hildebrand, III

June 12, 2022

A new day is coming to high debt borrowers seeking to file Chapter 13 but confounded by the debt limits imposed by 11 U.S.C. § 109(e). Although debt limits have been increasing since the effective date of the Code in 1979, consumer debts have been increasing at a far more rapid rate. Starting in 2009, when the housing crisis first...

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Plan Payments Current But Patience Exhausted

Henry E. Hildebrand, III

March 29, 2026

Pro se Chapter 13 debtor’s case would be dismissed with a bar on refiling even though debtor was current on her confirmed plan payments due to her abuse of the bankruptcy process, including litigious but pointless pleadings, and continuing effort to relitigate matters already decided by the court.

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Related Articles

Mortgage Loan Modification Does Not Alter Lien Priority

Small Business Reorganization Act…(“SBRA”) H.R. 3311 – Part Three

Meet the Newest Trustee

Find The Hidden Mortgage Interest Tax Deduction in Bankruptcy

Guesswork Doesn’t Modify Plans

Diaz: Is it Really a Tax Refund?

Vesting Victories: Chapter 13 Debtors Shielded Against Unlisted Asset Claims

Is That AI in Your Inbox or Are You Just Happy to Paste Me?

Bankruptcy Threshold Adjustment and Technical Corrections Act

Plan Payments Current But Patience Exhausted

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