Critical Case Comment

-

Link to Post:

By Academy Staff

When a Chapter 13 case is dismissed after confirmation, funds on hand with the Trustee as of the time of dismissal must be returned to the Debtor and cannot be used to pay administrative expenses or claims of creditors. In re Bateson, 2016 WL 3475613 (Bankr. E.D. Mi. 2016).

Case Summary

Ms. Bateson (the “Debtor”) filed for relief under Chapter 13 in August, 2013. In January, 2014, Debtor filed her First Modified Pre-confirmation Chapter 13 Plan. The Plan called for 60 monthly payments of $8,500.75 per month . . .

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

Academy-emeritus-Logo-gold3

Leadership, Office Culture, & Policy

January 25, 2026
The Emeritus Trustees considered various approaches to managing an office and office staff.
View Article
Members
leffler4

The Uneasy Co-Existence of Federal and State Consumer Remedies in Bankruptcy Cases – the Fourth Circuit Weighs In

October 15, 2023
“Why do I need the FDCPA if there’s already a remedy under Rule 3001?” This is what the bankruptcy judge asked me when I brought an adversary proceeding against a claims buyer, alleging potential class claims under both the Fair Debt Collection Practices Act (“FDCPA”) and Bankruptcy Rule 3001(c)(2). The defendant had a business practice of filing high volumes of...
View Article
Members
Academy-emeritus-Logo-gold3

The Intangible Benefits of Retirement

June 14, 2026
We asked our Emeritus Trustees to share what they consider to be the most meaningful intangible benefit of retirement.
View Article
Members
Copy of Hildebrand-2016

Claim Objections: Unusual Burden of Proof

November 9, 2025
Party objecting to a proof of claim bears the initial burden of proof to overcome the presumption of validity. Upon overcoming that presumption, the creditor then has the burden of proof to establish the validity of its claim.
View Article
Members
gavel

New Judge Appointed

June 18, 2023
Appeals Court Names Erie Lawyer as Newest Bankruptcy Judge – John C. Melaragno has been named the new judge for the Erie Division of U.S. Bankruptcy Court for the Western District of Pennsylvania
View Article

Critical Case Comment

June 27, 2021
By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN) It constitutes an unfair discrimination, violative of 11 U.S.C. § 1322(b)(1), for a Chapter 13 plan which would pay more to a student loan than to the remaining general unsecured creditors. (Somers) In re Kane, 603 B.R. 491 (Bankr. C.D. Kan. June 18, 2019) Case Summary Ronald Kane filed...
View Article
Members
Danielle headshot (2)

FROM THE ARCHIVES: If You’re Gonna Bet the Farm, Maybe Play Against the House

December 3, 2023
Attorney Gueck-Townsend provides readers with a primer on evidence needed to prove losses.
View Article
Members

IRS Extends April 15, Other Upcoming Deadlines for Alabama Storm Victims, Provides Other Tax Relief

March 10, 2019
Victims of March 3rd tornadoes and severe storms in Alabama have until July 31, 2019, to file certain individual and business tax returns and make certain tax payments. The IRS is offering this relief to any Major Disaster Declaration area designated by the Federal Emergency Management Agency (FEMA) as qualifying for individual assistance. Currently, this only includes Lee County, Alabama,...
View Article
Copy of Hildebrand-2016

Enforcing Chapter 13 Payroll Deductions

May 5, 2024
Failure of an employer to comply with the terms of a payroll deduction order justifies a finding of contempt and the award of costs, attorney’s fees, and potential referral for criminal action.
View Article
Members
moran_cathy

Spitballing Chapter 13’s Image Makeover

January 12, 2025
“Three cheers for Jen Lee’s piece on the need to pitch the manifest strengths of Chapter 13. Her advice to use head-to-head comparisons with alternative approaches to debt for the client is right on. An image makeover for Chapter 13 would be even more powerful if we can spread the word to a broader audience, before they’ve shorted their tax withholding, encumbered their exempt homestead, signed on with a profit-focused ‘debt consolidation’ company, or dipped into their retirement funds.” Think Chapter 13 needs an image makeover? Let us hear from you.
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