Critical Case Comment – Present Value and Attorney’s Fees

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

Administrative fees and claims existing when Chapter 13 plan was confirmed would reduce the amounts received by unsecured creditors in a Chapter 7 under the “best interests of creditors test;” unsecured creditors, expected to receive payments over three years, must be paid the “present value” of that stream of payments thus requiring a Chapter 13 plan to pay interest. (Halfenger). In re Buettner, 625 B.R. 78 (Bankr. E.D. Wis. Feb. 17, 2021)

Case Summary

Mr. Buettner proposed a 36-month Chapter 13 plan . . .

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