Chapter 13 Trustee Duties, Powers, And Limitations

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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From the Editor

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Just prior to a confirmation docket in September of 2006, a local creditor attorney asked me if I would be interested in coming to work at his firm. The chapter 13 trustee was in the room and could not help but overhear. After the docket that trustee asked me if I was looking for a job. I wasn’t . ....

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