Critical Case Comment

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

Chapter 13 debtors do not have standing to bring an action to set aside a transfer under §§ 544, 547 or 548 because only the trustee has been given that standing; a trustee cannot be compelled to be an involuntary plaintiff to cure this defect. In re Cole, 2017 WL 61916 (W.D. N.C. January 5, 2017) (Beyer)

Case Summary

Elizabeth Cole and Vincent Lineburger were married and Ms. Cole filed a Chapter 13 petition after their home . . .

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