Critical Case Comment

-

Link to Post:

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 . . .

It looks like you are not signed in or registered! This content is only available to members.

Or sign in below:

No Author Biography has been linked to this Article.

Related Articles

gustafson2

Cui Pro Bono?

April 17, 2022
Judge Gustafson and Daniel Tavera explore “Who Benefits” from work done in a Chapter 13 case, and they suggest that the title of this piece comes from an old-time radio show – “Yours Truly, Johnny Dollar” – one of the most popular radio shows in its day. It was a five-part show called “The Cui Bono Matter.” To hear a...
View Article
Members
Relyea

Safeguarding the Promise of a Fresh Start: Utilizing RESPA to Challenge Mortgage Servicing Errors Post-Discharge

July 10, 2022
For many of the consumer debtors my firm represents, the primary purpose of filing bankruptcy is to save their home or other real estate from being foreclosed upon by their mortgage servicer. We help those debtors file and comply with chapter 13 plans that propose to resolve their defaulted mortgages in a variety of ways, which might include curing pre-petition...
View Article
Members
davis26

Tenancy by the Entireties and the § 522(f) Calculation

February 25, 2024
“Over the years courts have struggled to apply the lien-avoidance provisions under § 522(f) to jointly owned property. . . .Things get even more confusing when the debtor owns property as a tenancy by the entireties. That antiquated form of ownership has odd characteristics that do not fit well into the § 522(f) calculation.”
View Article
Members
gendron2

I Dwell in Chapter 12

November 2, 2025
Like Dickinson’s work, it can be maddeningly cryptic one moment and breathtakingly precise the next. But if you look closely, beneath the legal structure lies poetry - there are human stories of loss, resilience, and renewal.” WOW. Just WOW. This is a must read!!
View Article
Members
moran_cathy

The Hardest-Won Skill of a Bankruptcy Attorney

June 21, 2026
I’ll give you three guesses . . . and the first two don’t count . . .
View Article
Members
Copy of Hildebrand-2016

Critical Case Comment – Pre to Pre and Post to Post

March 5, 2023
Mortgage loan servicer violated mortgage agreement with debtor, the automatic stay, the confirmation order and Rule 3002.1 by applying debtor’s post-petition monthly mortgage payments pursuant to the contractual terms of the loan, thereby applying post-petition payments to the debtor’s pre-petition mortgage arrearage. (Cary) In re Pope, 647 B.R. 597 (Bankr. D. N.H. August 15, 2022) Case Summary In November of...
View Article
Members
memorialday

Memorial Day 2023

May 28, 2023
Memorial Day 2023 Honoring the Sacrifices of All Who Served
View Article

In re Fulton: Seventh Circuit Affirms Its Position with Majority of Circuits on Passive Retention of Property as Violation of Sections 362 and 542

June 30, 2019
By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN) Introduction In In re Fulton,1 the Seventh Circuit has restated its position on passive violation of the automatic stay, holding that failure by the City of Chicago to turn over impounded vehicles after the owners' bankruptcy filings violated Bankruptcy Code sections 362 and 542. Fulton – Background and Ruling The...
View Article
Members
Copy of Hildebrand-2016

Unmet Installments Means Dismissal for Pro Se

August 18, 2024
Failure of a pro se debtor to pay the third installment of filing fees justifies dismissal of the case; debtor’s failure to submit a brief in compliance with Rule 8014 justifies a 180-day bar on refiling.
View Article
Members
BBurden pic 0002C_1

A Practical Approach to Using Bankruptcy Rules Effectively – Part 7

April 20, 2025
Part 7 of this series looks at notice to creditors, turning to some tricky provisions in 11 U.S.C. § 342 and in Rule 2002, with a focus on giving notice to creditors when notice must be given by mail.
View Article
Members

Looking to Become a Member?

ConsiderChapter13.org offers a forum to advance continuing education of consumer bankruptcy via access to insightful articles, informative webinars, and the latest industry news. Join now to benefit from expert resources and stay informed.

Webinars

These informative sessions are led by industry experts and cover a range of consumer bankruptcy topics.

Member Articles

Written by industry experts, these articles provide in-depth analysis and practical guidance on consumer bankruptcy topics.

Industry News

The Academy is the go-to source for the latest news and analysis in the Chapter 13 bankruptcy industry.

To get started, please let us know which of these best fits your current position:

Attorney
Trustee
Non-Profit
Government