By Mark C. Leffler, Boleman Law Firm, PC (Richmond, Hampton, and Va. Beach, VA) Part I: Derby v. Portfolio Recovery Associates Recently, Hon. Keith L. Phillips of the Eastern District of Virginia Bankruptcy Court issued his fourth and final written opinion in the Derby v. Portfolio Recovery Associates adversary proceeding, Adv. Pro. No. 18-03097-KLP, 2020 Bankr. LEXIS 2589 (Bankr. E.D.Va....
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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)
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The United States Trustee contested the confirmation . . .
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