Critical Case Comment

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

Chapter 13 debtor may exclude from disposable income amounts projected to be paid to an employer sponsored 401(k) where such payments are consistent with pre-filing contributions made to the retirement account. Davis v. Helbling, 2020 WL 2831172 (6th Cir. June 1, 2020) (Larsen)

Case Summary

In 2017, Camille Davis filed a Chapter 13 petition proposing to repay substantial unsecured debts (approximately $189,000) over five years. She proposed a small dividend, paying her projected disposable income to the trustee. In calculating her projected disposable . . .

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Critical Case Comment – Gotta’ Be Purchase Money to Get the Deduction

Henry E. Hildebrand, III

October 15, 2023

A little bit for everyone in this case . . .In calculating above-median income debtor’s projected disposable income, Chapter 13 debtor may not deduct the “ownership allowance” for transportation expenses if the secured debt in question is secured by a nonpurchase money security interest in a motor vehicle.

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Escrow 102 – Part 4 of 4

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By Michael J. McCormick, Esq., McCalla Raymer Leibert Pierce, LLC (Roswell, GA) Escrow 101 - Part 1 Escrow 101 - Part 2 Escrow 101 - Part 3 Escrow 102 - Part 1

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Appointment of Deb Miller

The Academy

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It is our distinct honor to inform you that Acting U.S. Trustee Paul Randolph has selected Debra L. Miller as the next Standing Chapter 13 Trustee for the Eastern District of Tennessee (Northern and Northeastern Divisions). Ms. Miller has served as a Standing Chapter 13 Trustee in the Northern District of Indiana since 2000. Her wealth of experience will allow...

Avoidance Powers in Chapter 13 – Part 4 of 6

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By John P. Gustafson, United States Bankruptcy Judge, Northern District of Ohio, Western Division (Toledo, OH) Click here for Part 1 of 6 Click here for Part 2 of 6 Click here for Part 3 of 6

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Critical Case Comment – Free Parking

Henry E. Hildebrand, III

January 29, 2023

Percentage fees collected by a Chapter 13 trustee prior to confirmation of a Chapter 13 plan must be returned to the debtor by the trustee if Chapter 13 plan is not confirmed. (Ebel) Goodman v. Doll, 2023 WL 216778 (10th Cir. January 18, 2023) Case Summary Daniel Doll filed Chapter 13 in November of 2017. The debtor complied with 11...

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Sanctions in South Carolina

Ashley Baxter Curry

December 12, 2021

In a recent case out of South Carolina, rather than a debtor seeking sanctions against a creditor, it was the creditor’s counsel who sought sanctions against counsel for a Chapter 13 debtor in an adversary proceeding. Ruling on a Motion for Sanctions in James Defoe v. Winyah Surgical Specialists, P.A. doing business as Winyah Surgical Specialists (In re Defoe), 632...

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May 19, 2019

By Gretchen D. Holland, Standing Chapter 13 Trustee for the Greenville/Spartanburg Division of South Carolina Although this is a chapter 11 case, it has chapter 13 implications because the confirmation requirement that a plan be “proposed in good faith and not by any means forbidden by law” is identical in both chapters (§ 1129(a)(3) and § 1325(a)(3)). Garvin v. Cook...

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The Dollar Dance: Boosting Deductions in Bankruptcy’s Means Test

Cathy Moran

November 24, 2024

“Every extra dollar deduction you can wring out on bankruptcy’s means test is important. A dollar doesn’t sound like a lot, . . . Every $100 saves $6000. Get the picture?”

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Is Your Law Practice Evolving to Incorporate New Technology

October 3, 2021

By Jay Fleischman, Managing Attorney at Money Wise Law (Los Angeles, CA) When the world was forced to adjust to new routines in March 2020 due to the global pandemic, I was instantly struck by how little my professional life changed. I’d worked remotely for over a decade, and my systems and procedures didn’t change. Sadly, the same couldn’t be...

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From the Editor – Claims

October 20, 2019

By The Honorable William Houston Brown (Retired) Claimant in proof of claim lacking prima facie validity was sanctioned. The proof of claim secured by the debtor’s residence failed to satisfy Rule 3001(c)(2)(C) requirements, including incomplete Form B 410A with no payment history. The claimant’s attempt to amend the claim on the eve of the contested objection to claim would defeat...

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