Critical Case Comment

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

Repeated failure of a mortgage servicer to comply with the disclosure requirements of Rule 3002.1 justifies the imposition of significant sanctions against the servicer. In re Nicholas and Amanda Gravel, et al, 556 B.R. 561 (Bankr. D. Vt. September 12, 2016) (Brown)

Case Summary

Judge Colleen Brown of the District of Vermont consolidated several actions brought by the Chapter 13 Trustee against PHH Mortgage Corporation. The Trustee asserted that PHH had repeatedly included in the debtors’ mortgage . . .

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Objection: Hearsay

July 12, 2020

By Wayne Silver, Wayne Silver Law (Redwood City, CA) There you are, client on the witness stand, judge listening intently, story being told on direct exactly the way you prepared her, things going just swimmingly. And then opposing counsel stands and utters those two lovely words…”Objection, hearsay.” Huh? That’s ridiculous, you confidently think to yourself, just as you hear the...

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The Dangers of Extending a Plan Too Long – Or Alternatively, Why Take as Little Time as Possible

April 26, 2020

By Joseph A. Bledsoe, III, Chapter 13 Standing Trustee for the Eastern District of North Carolina (New Bern) Under section 1113(b)(1)(C) of the CARES Act, upon the request of a debtor, and after notice and a hearing, a plan confirmed may be extended up to 7 years from the date the first payment under the original plan came due if...

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Are 401(k) Contributions Disposable Income or Not?

Cathy Moran

May 21, 2023

For a system that is supposed to rehabilitate personal finances and set debtors back on their feet, Chapter 13 nationwide is schizophrenic about on- going retirement savings, divided about whether post petition contributions to retirement accounts preclude confirmation of a Chapter 13 plan. Too many courts, in my opinion, come down barring voluntary provisions for old age for the 5...

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Home Equity Conversion Mortgages – Reversal of Fortune

Michael B. Joseph

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Reverse mortgages, while providing liquidity to senior homeowners, come with high costs and unique challenges, particularly in Chapter 13, where both borrower and non-borrower debtors must navigate complex repayment issues.

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Critical Case Comment – How Many Cats?

Henry E. Hildebrand, III

August 7, 2022

Even though the Chapter 13 debtor’s 36 cats were property of the estate, the county animal control office could pursue possession of the cats and resulting disposition (by way of adoption). (Hagenau) In re Karen Mitchell-Smith, 2022 WL 2195466 (Bankr. N.D. Ga. June 17, 2022) Case Summary Sometime in 2021, Henry County Animal Control took possession of 36 cats that...

Overly Rigid and Broad

Henry E. Hildebrand, III

June 21, 2026

Keathley should now be added to your list of important Supreme Court cases. Be sure to take a look at the concurring opinions. See also: Supreme Court Gets Judicial Estoppel Right, at Least More Right

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What Else Does the Code Say About Interest and Unsecured Debts?

Ken Siomos

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While some circuits differ, statutory interpretation suggests similar treatment for secured and unsecured claims regarding interest disallowance, unless context dictates otherwise. Attorney Siomos brings subscribers a follow-up to last week’s article.

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Well, I Thought We Were Surrendering the Vehicle

John Hooge

September 29, 2024

In a Chapter 7 client surrendered her vehicle. Case was filed declaring such and no vehicle ownership expense was claimed. Subsequently, the lender offered a modified loan with a reduced monthly payment that was found acceptable. Accordingly, client now plans to reaffirm. This raises several procedural questions Attorney Hooge answers for us.

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Judicial Year in Review 2021: Part 3 – Selected Cases under Parts IV-VII of the Federal Rules of Bankruptcy Procedure

Lawrence R. Ahern, III

December 5, 2021

Introduction Following Part 1's review of the December 1, 2021 changes in the Federal Rules of Bankruptcy Procedure, and Part 2's digest of selected judicial decisions of interest for their procedural import . . . It looks like you are not signed in or registered! This content is only available to members. Join Now Or sign in below: Username or...

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13 documents by Independence Software – Encrypted and Scans for PII

December 6, 2020

13 documents by Independence Software – Identity theft is a real and constant threat when transmitting information through the Internet. For Trusteeships, using e-mail to receive documents from the debtor bar is insecure, placing sensitive debtor information at risk. Founded in 2011, 13 Documents is unlike other filing systems — it is a complete document management solution for your Trusteeship...

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Related Articles

Objection: Hearsay

The Dangers of Extending a Plan Too Long – Or Alternatively, Why Take as Little Time as Possible

Are 401(k) Contributions Disposable Income or Not?

Home Equity Conversion Mortgages – Reversal of Fortune

Critical Case Comment – How Many Cats?

Overly Rigid and Broad

What Else Does the Code Say About Interest and Unsecured Debts?

Well, I Thought We Were Surrendering the Vehicle

Judicial Year in Review 2021: Part 3 – Selected Cases under Parts IV-VII of the Federal Rules of Bankruptcy Procedure

13 documents by Independence Software – Encrypted and Scans for PII

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