Critical Case Comment

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

Where a confirmation order of a debtor’s Chapter 12 plan specifically provided for payments to a creditor and the Chapter 12 trustee had supported confirmation of the plan, the trustee would be precluded from seeking to disallow a late-filed claim. Following the plan, the trustee must make payments to creditors even if a proof of claim is not timely filed. In re Wulff, 598 B.R. 459 (Bankr. E.D. Wis. 2019) (Ludwig)

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