Critical Case Comment

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

Creditor’s withdrawal of a proof of claim does not render an application to disallow the claim as moot. In re Jan Lee Masterson, Case No. 15-12503, (Bankr. N.D. Ind. August 4, 2016) (Grant)

Case Summary

Shammah Investments purchased the debtor’s property at a property tax sale in Wells County, Indiana. In order to redeem the property, the land owner must pay the purchase price, the unpaid taxes, interest, and all fees and costs. The . . .

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Ask Ms. Ps & Qs

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Paul Chael

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Critical Case Comment – The Plan Rules

Henry E. Hildebrand, III

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Critical Case Comment – Debtor Bears Burden of Proof to Be Ones Own Disbursing Agent

Henry E. Hildebrand, III

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There is a presumption that the trustee will make disbursements under a confirmed Chapter 13 plan and the debtor bears the burden of demonstrating sufficient grounds to justify acting as her own disbursing agent.

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District of South Carolina

The Academy

May 28, 2023

Retirement of Judge David Robert Duncan