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...
Critical Case Comment – Bad Faith to Not Pay Both Tests?
Print This Article
Link to Post:
Chapter 13 debtor is not obligated to pay both the disposable income pool and the best interest of creditors test pool to achieve confirmation, only the larger of the two; it is not a manifestation of bad faith that the debtor does not pay both the disposable income pool and the best interest of creditors test amounts. (Altenberger) In re Law, 2021 WL 6140248 (Bankr. S.D. Ill. Dec. 29, 2021)
Case Summary
Dallas Law filed his Chapter 13 petition in May of 2021, three months after he had transferred $8,000 to . . .
It looks like you are not signed in or registered! This content is only available to members.
Or sign in below:
Henry E. Hildebrand, III
Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville)
Henry E. Hildebrand, III has served as Standing Trustee for Chapter 13 matters in the Middle District of Tennessee since 1982 and as Standing Chapter 12 Trustee for that district since 1986. He also is of counsel to the Nashville law firm of Belcher Sykes Harrington, PLLC. Mr. Hildebrand graduated from Vanderbilt University and received his J.D. from the National Law Center of George Washington University. He is a fellow of the American College of Bankruptcy and the Nashville Bar Foundation. He is Board Certified in consumer bankruptcy law by the American Board of Certification and serves on its faculty committee. He is Chairman of the Legislative and Legal Affairs Committee for the National Association of Chapter 13 Trustees (NACTT). He is on the Board of Directors for the NACTT Academy for Consumer Bankruptcy Education, Inc. and is an adjunct faculty member for the Nashville School of Law and St. Johns University School of Law. In addition, he served as a commissioner to the American Bankruptcy Institute’s Commission on Consumer Bankruptcy.
Related Articles
Electronic Filing Scam Targets Attorneys
Post-Petition Causes of Action, Inheritances and Windfalls Are Property of the Estate and Must Be Reported to the Trustee – Part 4 of 5
Money For Nothing
New Judge Appointed
Comparison of Annual Change in Chapter 13 Case Filings During the Beginnings of the 2008 and the 2020 Recessions
Section 302: Joint but Separate
Critical Case Comment – Present Value and Attorney’s Fees
Re-Examining the Means Test Cost of Home Ownership
Eligibility “Twofer”
CFPB Settles with Student CU Connect CUSO Over ITT Private Loan Program