Critical Case Comment – $67k Windfall to Debtors. Fraudulent??

In re Frank, 638 B.R. 463 (Bankr. D. Colo. 2022)

A Chapter 13 trustee’s request to dismiss a Chapter 13 case upon discovery of an undisclosed asset held by the debtor cannot be granted after the debtor completes payments under the plan. (Brown)

Case Summary

John and Jessica Frank filed a Chapter 13 petition on April 8, 2018. Prior to the filing, Jessica Frank was injured in a car accident in June of 2017. While the debtors disclosed a wrongful termination claim that Jessica held against her . . .

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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.

From the Editor – Lien Issues

September 15, 2019

By The Honorable William Houston Brown (Retired) Legal rate of interest applies after foreclosure judgment. Applying New Jersey common law on merger, the mortgage was merged into a final order of judgment of foreclosure; therefore, the mortgage was no longer the basis for determining post- judgment interest. The debtor obtained a sale from which the mortgage creditor would be paid,...

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Post-Petition Causes of Action, Inheritances and Windfalls Are Property of the Estate and Must Be Reported to the Trustee – Part 4 of 5

August 4, 2019

By John P. Gustafson, United States Bankruptcy Judge, Northern District of Ohio, Western Division Click here for Part 1 Click here for Part 2

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How to Build and Strengthen Your Chapter 13 Debtor Practice

The NACTT Emeritus Trustees

July 3, 2022

In these times of fewer case filings, it may be helpful to look at ways that debtor attorneys may build and strengthen their chapter 13 bankruptcy practice. The following are some recommendations and ideas from the Emeritus Trustee Committee:

Drummond Receives Professionalism Award

August 18, 2019

By Regina Logsdon, Executive Director, The Academy d/b/a ConsiderChapter13.org Robert (“Bob”) G. Drummond has been the only standing Chapter 13 Trustee for the District of Montana since 1992. Originally from Montana, Mr. Drummond graduated from Montana State University with a Bachelor of Science degree in Agricultural Business, and received a Juris Doctorate in Law with Honors from the University of...

Who Gets the Trustee’s Fee and When?

August 8, 2021

By Henry E. Hildebrand, III, Chapter 13 Trustee, Middle District of TN (Nashville) Chapter 13 trustee is not compelled to return the percentage fee taken from a Chapter 13 case when the case is dismissed prior to confirmation. Harmon v. McCallister, 2021 WL 3087744 (9th Cir. BAP July 20, 2021) (Gan) Case Summary Douglas and Christine Harmon filed a Chapter...

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When $400 Emergency Pushes You Over the Edge

September 8, 2019

By Cathy Moran, Esq. (Redwood City, CA) The Federal Reserve reported that 40% of Americans couldn’t meet a $400 emergency without borrowing. A significant slice of them couldn’t pay it at all. So, a Bloomberg economist devoted his column to deconstructing how the press and political figures, in his opinion, misused that finding. OMGoodness. The guy was too caught up...

Judge Carol A. Doyle: Pre-Retirement Interview

Samantha Ruben

May 14, 2023

(Reprinted with permission. Bankruptcy Court Liaison Committee Newsletter – Spring 2023 (Northern District of Illinois)) During her tenure as a bankruptcy judge for nearly 24 years, Judge Carol A. Doyle has presided over countless chapter 7, 11, and 13 cases, leaving a lasting impact on the Chicago bankruptcy landscape. She has been a dedicated and respected member of the bankruptcy...

New Judge Appointed

The Academy

June 18, 2023

Appeals Court Names Erie Lawyer as Newest Bankruptcy Judge – John C. Melaragno has been named the new judge for the Erie Division of U.S. Bankruptcy Court for the Western District of Pennsylvania

The Irony of Filing a Motion to Dismiss with Prejudice

April 12, 2020

By Daryl J. Smith, Senior Staff Attorney to Sylvia Ford Brown, Chapter 13 Standing Trustee (Memphis, TN) Are chapter 13 serial filers abusing the bankruptcy system? Maybe or maybe not. There are many reasons debtors file multiple bankruptcy cases across the nation, including but not limited to parking tickets, court fines, utilities, lack of financial literacy, foreclosure, past due rent,...

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Bankruptcy Court Finds Jurisdiction to Hear Discharge-Injunction Violation Class Action

May 9, 2021

By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN) Introduction The Bankruptcy Court for the Eastern District of New York ruled last month, in a case styled In re Ajasa,1 that bankruptcy courts have subject matter jurisdiction to consider nationwide class actions that allege contempt of discharge injunctions. The broader effect of the opinion is that a discharge injunction...

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