Chapter 13 Trustee Duties, Powers, And Limitations – Part 4

By James J. Robinson, Chief United States Bankruptcy Judge, Northern District of Alabama

Exactly whose interests does the trustee represent, and when should the trustee object or move to modify?

Hope v. Acorn Financial, Inc., 731 F.3d 1189 (11th Cir. 2013). The Eleventh Circuit held that a chapter 13 trustee who was aware of defects with a secured claim before confirmation, but nonetheless recommended the plan be confirmed providing for the claim as secured, was bound by that plan treatment and could not seek to avoid the flawed lien post-confirmation . . .

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An Argument in Favor of the Mid-Case Audit: B.R. 3002.1 Proposed Changes

Molly Simons

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If you put your ear to the ground you may hear the rumblings regarding a change to Bankruptcy Rule 3002.1 requiring the institution of a mid-case bankruptcy audit. This mid-case audit would be like the Notice of Final Cure but would be performed by a trustee’s office in the middle of a pending Chapter 13, rather than at the end,...

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From the Editor – Claims

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The NACTT Emeritus Trustees

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