Critical Case Comment

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

It was impermissible and contrary to the provisions of the Bankruptcy Code for the bankruptcy clerk to enter an order which dismissed a Chapter 13 case based only upon the trustee’s certification that the debtor did not make a timely first payment. (Duncan). No v. Gorman, 891 F.3d 138 (4th Cir. May 24, 2018)

Case Summary

On November 30, 2016, Sarah Hyunsoon No filed a Chapter 13 petition. She filed a plan on December 15 but did not . . .

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