Critical Case Comment

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

Although a secured creditor with a purchase money security interest in personal property is entitled to adequate protection payments under § 1326(a)(1), the trustee is not obligated to make the payments without a motion, hearing, or court order. (Gorman) In re Housley, 2018 WL 1005285 (Bankr. C.D. Ill. February 21, 2018)

Case Summary

Jennifer Housley filed a Chapter 13 petition in December of 2017. Her plan proposed to pay Ideal Auto Sales, a secured creditor, $12,400 at 6.25% interest with estimated monthly . . .

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