Critical Case Comment

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

When a Chapter 13 plan specifically provides that payments which are to adjust to accommodate changes in mortgage payments, it is the duty of the Chapter 13 trustee to make certain that those payments are adjusted, both by debtors to the trustee, and to creditors. (Jones) In re Chapter 13 Plan Administration in the Brownsville, Corpus Christi and McAllen Divisions 2016 WL 2726911 (Bankr. S.D. Tex.)

Case Summary

The Southern District of Texas imposes within the division an . . .

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Interest Starts at Confirmation

Henry E. Hildebrand, III

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By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN) One of the most difficult situations faced by a debtor and debtors’ counsel is the repossession of important collateral securing a debt owed to a creditor. These items, such as automobiles, furniture, boats, and mowers which have been pledged to a creditor are important – often critical – to...

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Henry E. Hildebrand, III

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When a Chapter 7 trustee discovers non-exempt, undisclosed equity in the debtor’s property, the Chapter 7 trustee is entitled to be compensated in the case based upon the hours actually performed by the trustee in a lodestar method as an administrative expense when the case is converted to Chapter 13.

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Don’t Be Dismissive – Rule 41

Cathy Moran

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I was the third attorney on this lien avoidance matter. Instead of it being “third time’s the charm”, it came close to being “three strikes and you’re out.” All because of FRBP 7041. This was the set up: debtor’s original counsel filed a number of lien avoidance actions, including the one against a landlord with a large default judgment. The...

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Henry E. Hildebrand, III

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Members

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The NACTT Emeritus Trustees

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Previously the Emeritus Trustees (“ETC”) were asked to comment on “How to Manage Unprofessional and Discourteous Attorneys”. We now turn to ETC to share their collective wisdom when addressing the issues raised by incompetent, unprepared, and negligent bankruptcy counsel. Chapter 13 Trustees are required to administer cases in accordance with the duties set forth in 11 U.S.C. Sec. 1302 and...

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Henry E. Hildebrand, III

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Even though the parties agree to apply refunds from a creditor overpayment to unsecured creditors, because the debtor completed payments under the plan, the plan cannot be modified, and the funds must be paid to the debtor.

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CFPB Releases Report on Debt Settlements and Credit Counseling

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