Critical Case Comment – New Bankruptcy Term – “Sale Plan”

Confirmation of a “sale” plan (proposing the sale of the debtor’s principal residence) depends upon how quickly the sale will be consummated, milestones established, and consequences for failing to meet those deadlines; a plan that makes payments to the mortgage company under a “sale” plan may not modify the rights of the mortgagee but if care is taken to comply with the requirements of § 1322(b)(2), 1322(b)(5), and 1325(a)(5)(B), confirmation is possible. (Panos) In re Materne, 640 B.R. 781 (Bankr. D. Mass. April 7, 2022)

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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.

Practice Pointers for Arguing Motions

December 6, 2020

By William Sawyer, Chief U.S. Bankruptcy Judge for the Middle District of Alabama (Montgomery) (Used with permission. Court News and Views, Volume 18, October 2020) Lawyers who practice regularly in bankruptcy court invariably make many appearances at motion dockets. This article provides practice pointers to lawyers who do not practice often in this Court to familiarize them with our procedures...

Bankruptcy Threshold Adjustment and Technical Corrections Act

Henry E. Hildebrand, III

June 12, 2022

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...

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When (or Not) Is the Best Interests of Creditors Test Applicable in a Modified Plan?

August 22, 2021

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN) While the best interests of creditors test is applicable upon modification of a Chapter 13 plan, post-petition acquired property of the estate is not included in such analysis in that such property would not be property of a Chapter 7 estate. (Somers) In re Taylor, 2021 WL 3118824 (Bankr....

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What, Exactly, Is the Trustee’s Percentage Fee

Rebecca Herr

April 23, 2023

In recent years, a handful of cases have discussed the issue of what happens to the trustee’s percentage fee, collected from debtor plan payments, upon the dismissal or conversion of a case prior to confirmation. This is an emerging area of law, with decisions on both sides. However, with this new issue, there appears to be at least some confusion...

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Creditors’ Rights and Debtors’ Protections at the Intersection of Consumer Bankruptcy and UCC Article 9

August 9, 2020

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN) Introduction to this Series Current pandemic circumstances and economic conditions portend an onslaught of bankruptcy filings. In the consumer bankruptcy field, trustees and debtors' counsel often are uncomfortable with the rules in UCC Article 9. Here, we look at a couple of topics that touch on the interplay of Article...

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Fulton’s Aftermath – What Do Chapter 13 Practitioners Need To Know?

January 31, 2021

By Nathan E. Curtis and Peter Francis Geraci, Geraci Law L.L.C. Debtors who are not current on mortgage or vehicle payments may file for Chapter 13 relief and propose to cure arrears, and force creditors to accept future payments. Mortgage creditors must give multiple notices before taking real estate away from a debtor, but vehicle creditors are allowed to repossess...

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Cui Pro Bono?

The Honorable John P. Gustafson

April 17, 2022

Judge Gustafson and Daniel Tavera explore “Who Benefits” from work done in a Chapter 13 case, and they suggest that the title of this piece comes from an old-time radio show – “Yours Truly, Johnny Dollar” – one of the most popular radio shows in its day. It was a five-part show called “The Cui Bono Matter.” To hear a...

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Special Counsel 101: Getting Paid and Protecting Clients

Nicole P. Novak

May 1, 2022

The Bankruptcy Code imposes many duties on attorneys. One such duty requires attorneys to disclose compensation for services in contemplation of, or in connection with a bankruptcy case.1 Debtor attorneys know to disclose their fees at the start of the case. Attorneys that forget to timely file a compensation disclosure typically receive a gentle reminder to do so. However, in...

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Meet an AO Trustee

February 24, 2019

On June 26, 2017, Bradford W. Caraway was appointed as the Chapter 13 Standing Trustee for the Northern District of Alabama, Southern Division. He replaced D. Sims Crawford who had been appointed as a United States Bankruptcy Judge for the Northern District of Alabama. Trustee Caraway maintains his office in Birmingham. At the time of his appointment as Standing Trustee,...

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Critical Case Comment – What About a Zero Value Junior Lien?

Henry E. Hildebrand, III

November 5, 2023

Bankruptcy Court has authority to compel implementation of a confirmed Chapter 13 plan which, at its end required the release of a junior lien which had been given no value; attorney’s fees would be awarded to debtors’ counsel for pursuing the release.

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