Bankruptcy Threshold Adjustment and Technical Corrections Act

A new day is coming to high debt borrowers seeking to file Chapter 13 but confounded by the debt limits imposed by 11 U.S.C. § 109(e). Although debt limits have been increasing since the effective date of the Code in 1979, consumer debts have been increasing at a far more rapid rate. Starting in 2009, when the housing crisis first hit, millions lost their homes by means of foreclosure and, many faced deficiencies that were so substantial they could not qualify for Chapter 13 relief.

Compounding this, the massive growth in student loan balances added . . .

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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.

Automatic Stay Denial of Stay Relief was Final and Appealable, Although It Was “Without Prejudice.”

The Honorable William Houston Brown

April 10, 2022

Selected Consumer Opinions Since January 1, 2022 Automatic Stay Denial of stay relief was final and appealable, although it was “without prejudice.”Deciding an issue not addressed in Ritzen Grp., Inc. v. Jackson Masonry, LLC, 140 S.Ct. 582 (2020), the Ninth Circuit concluded that the bankruptcy court’s order denying stay relief was final and appealable, despite its “without prejudice” language, because...

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Judicial Year in Review 2021: Part 4 Selected Cases under Parts VIII and IX of the Federal Rules of Bankruptcy Procedure

Lawrence R. Ahern, III

December 19, 2021

Introduction Following Part 1's review of the December 1, 2021 changes in the Federal Rules of Bankruptcy Procedure, Part 2 and

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What IS a Principal Residence?

June 30, 2019

By Phil Lamos, Chief Legal Counsel, Office of the Chapter 13 Trustee Lauren A. Helbling (Cleveland, OH) Section 1322(b)(2) of the Bankruptcy Code states that a Chapter 13 plan may not modify a claim that is “secured only by a security interest in real property that is the debtor’s principal residence.” But the inverse of this statute is true; if...

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Critical Case Comment – Fourth Circuit Says Easy-Peasy

Henry E. Hildebrand, III

September 24, 2023

In calculating projected disposable income, 13 debtor may deduct entire mortgage payment notwithstanding amount exceeds the housing allowance as established by the IRS Financial Standards Allowance.

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Pump the Brakes: Bad Faith Debtors Are Not Gaming the System (Part II)

January 27, 2019

By Kathryne M. Shaw1 Boleman Law Firm, P.C. (Virginia Beach, VA) Click here for Part 1 In Part I of this article, we reviewed In re Holman, in which the debtors violated their confirmation order and exhibited bad faith . . . It looks like you are not signed in or registered! This content is only available to members. Join...

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A Sappy Farewell to Jeff Kellner as the Dayton Chapter 13 Trustee

September 29, 2019

By The Honorable Guy R. Humphrey, Southern District of Ohio It is with heavy hearts that we in Dayton, Ohio say our farewells to Jeff Kellner as our Chapter 13 Trustee. Jeff will be concluding his duties as the Trustee on September 30th and handing the reins over to John Jansing on October 1st. Listing Jeff’s contributions to the bankruptcy...

Surprise Sanctions: Case Highlights Critical Need for Due Process in Fee Reductions

Henry E. Hildebrand, III

June 2, 2024

Due process requires that before a Court imposes a reduction of unopposed attorney’s fees, notice and an opportunity to be heard is required.

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From the Editor – Fair Debt Collection Practices Act

February 2, 2020

By The Honorable William Houston Brown (Retired) Class action certification on predominance. The Eleventh Circuit remanded, finding that the District Court had abused its discretion in refusing to certify a class on a predominance theory for former debtors who had obtained discharge of personal liability on residential mortgages and who asserted violations of the FDCPA by a loan servicer. The...

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From the Editor – Lien Modification

March 28, 2021

By The Honorable William Houston Brown (Retired) Junior mortgage lienholder not affected by modifications of senior mortgage. Under Pennsylvania law, the prepetition modification of terms of the senior mortgage had recapitalized interest and costs already owed but had not created new liabilities. As a result, the junior mortgage holder was not materially prejudiced. The Chapter 13 debtors could avoid the...

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2020 Vision

February 14, 2021

By Jan Sensenich, Chapter 13 Standing Trustee for the District of Vermont I think it was in junior high school when I first started wearing glasses. I remember not liking the idea of having to wear glasses. I thought I could see just fine. As far as I knew, I was seeing what I needed to see. But I also...