Critical Case Comment

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

In calculating an above-median income debtor’s projected disposable income, the court may deduct from the debtor’s current monthly income only the expenses as listed in the IRS manual and not the debtor’s actual expenses. (Taylor) In re Rodriguez, 520 B.R. 94 (B.A.P. 9th Cir. Oct. 16, 2020)

Case Summary

The Rodriguezes filed a Chapter 13 and proposed a plan at the same time. They owned three motor vehicles, a motor home and had . . .

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HELOC Lender’s Rule 3002.1 Charges Pass the Test

Henry E. Hildebrand, III

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Home equity lender may assess a monthly fee against a debtor’s plan for its compliance with Rule 3002.1 notice of fees charged by HELOC lender’s attorney’s preparation of monthly notices of payment changes and fees authorized by Rule 3002.1. This article is a detailed description of a case Attorney Bonial discusses in Part 2 of Debtor Attorneys Were Gobsmacked!!

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Critical Case Comment – Punitive Damages? Yep.

Henry E. Hildebrand, III

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Owen W. Katz

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Henry E. Hildebrand, III

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Under the CARES Act 11 USC § 1329 was amended to include a temporary provision that permitted confirmed chapter 13 plans to extend the plan term to up to 84 months. To do so, debtors were required to show they were affected by COVID, § 1329(d).i The maximum term under 11 USC §1329(c) has always been 60 months. Under the...

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U.S. Trustee Program to Implement Virtual Section 341 Meetings of Creditors Nationwide

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These virtual 341 meetings via Zoom will be implemented on a rolling basis through early 2024. YEP, this means you, y’all, all y’all, you guys, and yoos guys. Doesn’t matter if you have been doing 341’s via telephone for 100 years . . . it’s ZOOM as soon as implemented in your district. For Debtor Atty’s, this may require having clients...

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