(Used with permission. First published in the Southern District of Florida Courthouse Beacon, December 2021) Imagine this is an article entitled Wiley Champion, Esq. Instructs How To Win Your Case Every Time. Enticing for sure. You start reading. The opening paragraph needlessly re-states the title, needlessly names the author, who is already mentioned in the title, and then defines the...
Critical Case Comment–Who is Responsible to Address Eligibility Questions?
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By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of TN (Nashville)
Bankruptcy Court is under an obligation to examine the eligibility of a debtor to file Chapter 13 even where no party raises a timely, written objection. (Seibel) Preuss v. Perry (In re Perry), 7:20-cv-04617-CS (S.D. N.Y., Sept. 21, 2021)
Case Summary
Bruce Perry filed a Chapter 13 petition in July of 2019. His secured claims totaled $429,657 and unsecured claims totaled $427,103. In calculating his projected disposable income, Perry listed an expense . . .
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