Critical Case Comment

-

Link to Post:

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN)

While a court is precluded from extending the time in which a creditor may file a proof of claim, a court is permitted to extend the time for a debtor or a trustee to file a proof of claim for the creditor. (Jones) In re Norton, 2017 WL 354320 (Bankr. N.D. Tex. January 24, 2017)

Case Summary

Patsy Norton filed a Chapter 13 bankruptcy petition in March of 2015 and scheduled an obligation of approximately $7,300 secured by a 2009 Buick . . .

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

Chapter 12 and Act2/Conference Update

August 18, 2019
By Rebecca Garcia and Jan Sensenich, Chapters 12 and 13 Standing Trustees The Association of Chapter 12 Trustees (ACT2) had a wonderful day and a half conference in advance of the NACTT Seminar on July 15 and 16 in Indianapolis. In addition to Trustee participants, we had judges, debtors, and creditors counsel and representatives attend and participate. We kicked off...
View Article
Consumer Bankruptcy Education

Amendments to Federal Rule of Bankruptcy Procedure 3002.1

December 7, 2025
The Academy needs your help - RIGHT NOW (please) - If you know of an attorney who represents a local bank or HOA, please copy/paste this webinar registration and send it to them. You will be doing them a huge favor! Webinar Registration - It’s Here: Don’t Get Tripped Up by 3002.1 – December 12 – 2:00 Eastern
View Article
Copy of Hildebrand-2016

Critical Case Comment – The Plan Rules

December 4, 2022
Chapter 13 plan which provided a specific amount to be cured on a reverse mortgage under § 1322(b)(5) would be controlled by the specific term of the plan provision and not by the larger proof of claim filed by the creditor. (Baer) In re Edelstein, 2022 WL 16730027 (Bankr. N.D. Ill. November 7, 2022) Case Summary The Edelsteins filed Chapter...
View Article
Members
Tammy profile_photo-190x190

2024 Update: Federal Guidance on Discharging Student Loans in Bankruptcy IS a Game Changer

May 12, 2024
The 2022 Justice Department and Department of Education collaboration introduced new bankruptcy guidelines, notably easing the "undue hardship" exception for discharging student loans, marking a departure from the stringent "Brunner Test" requirements. Here the Bransons give us a look at the progress being made in discharging student loans.
View Article
Members
joseph 12-2024

Personal Injury Attorney’s Duty of Reasonable Inquiry of a Client’s Bankruptcy

August 28, 2022
An attorney meets with a potential client about a recent auto accident personal injury claim. The client suffered severe injuries and may be entitled to a large award. The client fails to mention that he is a debtor in an active bankruptcy. The client also has failed to advise his bankruptcy attorney about the personal injury claim. The debtor/client does...
View Article

The Brunner Student Loan Hardship Test: Alive and Well in The Big Apple

June 23, 2019
By Herbert L. Beskin, Chapter 13 Trustee for the Western District of Virginia (Charlottesville) Let’s take the following set of facts and see how it plays out in the labyrinthian world of hardship discharge of student loan debt. The case is In re Lozada (Lozada v. Educational Credit Management Corporation), 594 B.R. 212 (Bankr. S.D. N.Y. 2018). Years ago (30...
View Article
Members

Quick Tips to Make You a PowerPoint Master – Effective Use of PowerPoint

January 5, 2020
By Honorable Cynthia Norton & Honorable Kevin R. Anderson Create a Master Slide Template: Create a custom slide template that you can use each time you produce a new PowerPoint presentation (in PowerPoint, click View and then Slide Master). This avoids "reinventing the wheel" each time. In creating your Master Slide, use complimentary and contrasting colors to maximize readability. I...
View Article
Members
jump

The Power of a Checklist

March 12, 2023
Recently, I had the pleasure of a great conversation with Chapter 13 Trustee, Thomas McDonald, from the EDMI. As it turns out, we have both been pilots for a long time. Once we came to this realization, our conversation quickly devolved from the issues confronting the bankruptcy industry to talk of density altitude, mountain flying, and the importance of using...
View Article
Proof of Claim

Claims:  Transfers, Address Changes, and Payee Switches – Oh My!

April 30, 2023
In any given year Chapter 13 Trustees administer 400,000 to 500,000 cases and distribute almost $5 billion to creditors.  A critical duty for trustees is to be sure that distributions are correctly delivered to an allowed claimant. 11 USC § 501 governs the filing of a proof of claim and 11 USC § 502 sets forth the requirements for allowance...
View Article
Members
Copy of Hildebrand-2016

Chicago v. Counsel: Who Gets Paid First?

June 8, 2025
Administrative claim held by debtor’s attorney for services performed in a Chapter 13 constitutes an unsecured creditor, payment of which will reduce the debtor’s calculated disposable income; unsecured attorney’s fees may be paid as an administrative claim prior to general post-petition unsecured creditors.
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