Critical Case Comment–Who is Responsible to Address Eligibility Questions?

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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Henry E. Hildebrand, III

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Chapter 13 debtor that fails to provide adequate notice to a creditor is not discharged from liability on that obligation in a Chapter 13 case under § 523(a)(3).

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From the Editor

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By The Honorable William Houston Brown (Retired) Debt buyer was debt collector under FDCPA. The Ninth Circuit agreed with the Third Circuit that an entity purchasing consumer debts qualified as a debt collector under the Act, 15 U.S.C. § 1692(a)(6), even though it outsourced the actual debt collection activity. McAdory v. M.N.S. & Assoc., LLC, 952 F.3d 1089 (9th Cir....

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Martha G. Bronitsky

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Cathy Moran

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9th Circuit Joins the Bandwagon

Henry E. Hildebrand, III

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