Critical Case Comment

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

In re Engen, 2016 WL 7243519, Docket No. 15-20184 (Bankr. D. Kan., December 12, 2016) (Berger)

The classification of student loan obligations in a Chapter 13 case is not necessarily prohibited, and it can assist debtors and implement the goals of the bankruptcy system, and thus can work a “fair” discrimination to pay student loans a distribution greater than other unsecured creditors in the plan.

Case Summary

Maureen and Mark Engen filed a Chapter 13 petition in . . .

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Pump the Brakes: Bad Faith Debtors Are Not Gaming the System (Part II)

January 27, 2019

By Kathryne M. Shaw1 Boleman Law Firm, P.C. (Virginia Beach, VA) Click here for Part 1 In Part I of this article, we reviewed In re Holman, in which the debtors violated their confirmation order and exhibited bad faith . . . It looks like you are not signed in or registered! This content is only available to members. Join...

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A Practical Approach to Using Bankruptcy Rules Effectively

Beverly M. Burden

January 26, 2025

This is the first in a series of resources intended to simplify and facilitate the search for and application of certain bankruptcy rules relevant to chapter 13 practice. This article will look at four fundamental rules relating to general motion practice: Rules 9013, 9006, 9007, and 9014.

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Reprimand for Deficient Chapter 13 Filing

Rebecca Herr

January 18, 2026

The U.S. Bankruptcy Court for the Eastern District of Virginia issued a public reprimand to a debtor’s attorney after concluding that his representation failed to meet the minimum competency standards required in Chapter 13 practice.

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Weighted Caseload: Why It Matters and How It Works and Doesn’t Work

Honorable Brian D. Lynch

December 31, 2023

“Currently, if a district’s weighted caseload is below one-thousand per the number of judges in that district . . . in all probability, recommend that the circuit not replace the judge.”

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From the Editor – Lien Issues

September 15, 2019

By The Honorable William Houston Brown (Retired) Manufactured home did not become accession to real property. The creditor holding security interest in a manufactured home objected to confirmation, on the basis that § 1322(b)(2)’s anti-modification provision prevented bifurcation of its claim into secured and unsecured parts. The Eighth Circuit noted that the Bankruptcy Code does not resolve the issue of...

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Critical Case Comment – Present Tense in § 544(b)

Henry E. Hildebrand, III

February 19, 2023

When case converts from Chapter 13 to Chapter 7, the Chapter 7 trustee is not limited to the valuation of the debtor’s home as stated on the original schedules and may capture the increase in equity resulting from the property’s appreciation. (Dales) In re Adams, 2022 WL 2079725 (Bankr. W.D. Mich. June 9, 2022) Case Summary Matthew and Katherine Adams...

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Laudable, Shortsighted, and Vague: The CDC’s Eviction Moratorium

October 18, 2020

By Riley F. Tunnell, Esq., Godwin Bowman PC (Dallas, TX) The COVID-19 pandemic is not the product of a single cause. So, our remedial efforts must address a myriad of causes and rapidly developing effects. The CDC believes that delaying the onset of the mass-eviction to a time when we may be better able to manage this virus is a...

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Ask Ms. Ps & Qs

Nancy B. Rapoport

June 4, 2023

Dear Readers: We’re now at the season where things go a bit wacky, and one thing that can go wacky has to do with people who are represented by counsel who want to talk with you. “Let’s cut out the middleman,” they think. After all, what harm could it be to save time? Plenty of harm, actually: Model Rule 4.2...

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Older Adults/Seniors: Financial Abuse, Exploitation and Bankruptcy

Michael B. Joseph

June 28, 2026

“In recent years, the elderly have increasingly become targets of financial abuse, exploitation, and scams.”

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What, Exactly, Is the Trustee’s Percentage Fee

Rebecca Herr

April 23, 2023

In recent years, a handful of cases have discussed the issue of what happens to the trustee’s percentage fee, collected from debtor plan payments, upon the dismissal or conversion of a case prior to confirmation. This is an emerging area of law, with decisions on both sides. However, with this new issue, there appears to be at least some confusion...

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Critical Case Comment

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Related Articles

Pump the Brakes: Bad Faith Debtors Are Not Gaming the System (Part II)

A Practical Approach to Using Bankruptcy Rules Effectively

Reprimand for Deficient Chapter 13 Filing

Weighted Caseload: Why It Matters and How It Works and Doesn’t Work

From the Editor – Lien Issues

Critical Case Comment – Present Tense in § 544(b)

Laudable, Shortsighted, and Vague: The CDC’s Eviction Moratorium

Ask Ms. Ps & Qs

Older Adults/Seniors: Financial Abuse, Exploitation and Bankruptcy

What, Exactly, Is the Trustee’s Percentage Fee

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