Critical Case Comment – You Gotta Tell SOMEBODY!

Where a debtor fails to disclose to the Court or the trustee a forbearance on his mortgage that he was to pay directly, the Court would grant the trustee’s motion to modify to recapture as much as possible of the surplus funds the forbearance generated. (Kenney) In re Ilyev, 2022 WL 2965029 (Bankr. E.D. Va. July 26, 2022)

Case Summary

Stanislav Ilyev filed Chapter 13 on September 1, 2017. He was a systems administrator with a law firm, was a below-median debtor and proposed a plan that would pay only . . .

It looks like you are not signed in or registered! This content is only available to members.

Or sign in below:

Copy of Hildebrand-2016
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

Copy of Hildebrand-2016
November 16, 2025
Creditor holding a reverse mortgage with a lien against property in which the debtor/heir resides holds a claim allowable in the debtor’s Chapter 13 case notwithstanding a lack of any personal liability.
Members
rapoport26
July 5, 2026
Garman Turner Gordon Professor of Law at the William S. Boyd School of Law, University of Nevada (Las Vegas) Nobody wants to be “that guy”!
Members
moran_cathy
July 31, 2022
It started as a means test question: could emergency medical expenses be deemed non consumer debt. It ended up as a step back to get the bigger picture. Well seasoned bankruptcy counsel brought the fact pattern to a list serve of colleagues. The prospective debtors’ income in a small consulting corporation is declining, his health crisis raises not only income...
Members
Copy of Hildebrand-2016
It is a valid exercise of the court’s authority to promulgate a local rule requiring Chapter 13 debtors to obtain trustee or court approval prior to incurring any post-petition debt of $10,000 or more like it or not!
Members
image
May 11, 2025
Chief Judge Theodor C. Albert passed away suddenly on May 5th. Our condolences to his family, friends, and colleagues.
humphrey
February 18, 2024
Retirement of the Honorable Guy R. Humphrey
rapoport26
April 14, 2024
Ms. Ps & Qs on ‘Wet Signatures’ – Yep, they are important and nope, you can’t blame others for your mistakes.
Members
Consumer Bankruptcy Education
February 18, 2024
Judge Raymond Lohier (Second Circuit U.S. Court of Appeals) Shares His Immigration Story and the Diverse Perspective it Brings
April 21, 2019
Taxpayers may need to take money out of their individual retirement account or retirement plan early. However, this can trigger an additional tax on top of other income tax they may owe. Here are a few key things for taxpayers to know: Early Withdrawals. An early withdrawal normally is taking cash out of a retirement plan before the taxpayer is...
December 1, 2019
By Peter Fessenden, Chapter 13 Standing Trustee, Retired September 30, 2017 (Portland, ME) To everything there is a season. There was a time to discover how little I knew about being a Chapter 13 trustee. There was a time to make mistakes. There was a time to address those mistakes. There was a time to solve problems. There was a...
Members

Looking to Become a Member?

ConsiderChapter13.org offers a forum to advance continuing education of consumer bankruptcy via access to insightful articles, informative webinars, and the latest industry news. Join now to benefit from expert resources and stay informed.

Webinars

These informative sessions are led by industry experts and cover a range of consumer bankruptcy topics.

Member Articles

Written by industry experts, these articles provide in-depth analysis and practical guidance on consumer bankruptcy topics.

Industry News

The Academy is the go-to source for the latest news and analysis in the Chapter 13 bankruptcy industry.

To get started, please let us know which of these best fits your current position: