Critical Case Comment – How Much Is It Worth

Critical Case Comment – How Much Is It Worth – Then/Now?

On a trustee’s motion to modify a confirmed Chapter 13 plan, Court required debtor to commit funds to unsecured creditors based upon the previously undisclosed equity generated from post-petition sale of property. (Warren) In re Croniser, 2022 WL 3639413 (Bankr. E.D. N.C. August 23, 2022)

Case Summary

Duane Croniser filed a voluntary petition under Chapter 13 in January of 2020. He disclosed a one-half interest in a vacant, unencumbered residential lot in Leyden, New York and scheduled the property as having a value of $17,900.

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

Or Sign In Below:

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.

Critical Case Comment– Secured Creditor Granted Relief from Stay. But, Wait There’s More . . . No Proof of Claim.

Henry E. Hildebrand, III

July 24, 2022

Secured creditor in a Chapter 13 case entitled to relief from the stay due to lack of adequate protection where the creditor neglects to file a proof of claim and, as a consequent, received no payments under a Chapter 13 plan. (Conley) Weyer v. Valley Communities Credit Union, 2022 WL 1597293 (W.D. Wis. May 19, 2022) Case Summary Dana and...

Members

Critical Case Comment – Although a Mess, Month-to-Month Lease Assumed

Henry E. Hildebrand, III

June 4, 2023

A month-to-month residential lease can be assumed and defaults cured in a Chapter 13 plan. (Rucker) In re Mattoon, 2022 WL 2080184 (Bankr. E.D. Tenn. June 9, 2022) Case Summary Sarah Mattoon executed a lease with Open Doors in September of 2019. Several of Ms. Mattoon’s family members lived with her in the rented apartment including her “companion” and her...

Members

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,...

Members

Are Your Loyalties Divided?

August 22, 2021

By Cathy Moran, Esq., (Redwood City, CA) When a married couple books a bankruptcy consultation, you have an immediate problem: There be dragons, as early map makers helpfully provided. Because, as a lawyer friend of mine says: Anytime there are two people sitting across from you, you have a conflict of interest. That pithy expression has stuck with me and...

Members

Critical Case Comment – The Now Infamous Castleman Case

Henry E. Hildebrand, III

August 20, 2023

Equity that accrues as a result of market conditions in debtor’s assets between the time of confirmation of a Chapter 13 plan and conversion to Chapter 7 constitutes property of the estate which may be administered by the Chapter 7 trustee.

Members

From the Editor – Confirmation

March 8, 2020

By The Honorable William Houston Brown (Retired) Equal monthly payments and attorney fees. The secured creditor objected to confirmation on basis that the plan improperly deferred its payments until debtor’s attorney fees were paid, and the District Court affirmed confirmation that delayed start of secured equal monthly payments for 21 months. The opinion examines three approaches to the issue: 1)...

Members

No Answers?

Cathy Moran

September 17, 2023

What do you do when you don’t know the answer to a bankruptcy client’s questions? After all, you’re a bankruptcy lawyer.

Members

Why Your Bankruptcy Client Doesn’t Understand You (And How to Fix the Problem)

Cathy Moran

August 1, 2023

By Cathy Moran, Moran Law Group (Redwood City, CA) Bankruptcy attorneys and their clients often seem to be a pair, divided by their common language. Even without legal jargon, we talk past each other. How do we misunderstand each other? Let me count the ways: Property: I don’t have any property, lost the house to foreclosure last year. Property 2:...

Members

Delinquent Utilities and Disconnection Under New Bankruptcy Provision

January 24, 2021

By Cathy Moran, Esq. (Redwood City, CA) Bankruptcy debtors with delinquent utility bills got a measure of protection from interruption in their service under an amendment to the Bankruptcy Code in the omnibus spending bill enacted December 27,2020. Individual debtors cannot have their utilities disconnected as long as they make some payment for service provided promptly after the commencement of...

Members

CFPB Proposes Changes to HMDA Rules

May 5, 2019

The CFPB (Bureau), May 2, 2019, issued a Notice of Proposed Rulemaking (NPRM), which proposes to raise the coverage thresholds for collecting and reporting data about closed-end mortgage loans and open-end lines of credit under the Home Mortgage Disclosure Act (HMDA) rules. The NPRM would provide relief to smaller lenders from HMDA’s data reporting requirements, and would clarify partial exemptions...