Critical Case Comment

Critical Case Comment – No POC, No Money

A secured creditor would not be granted relief from the stay because the motion was based on the creditor’s failure to file a timely proof of claim. (Grant) In re Flores, 2023 WL 2787514 (Bankr. N.D. Ind. March 8, 2023)

Case Summary

Mr. Flores filed a petition under Chapter 13 proposing to pay Gaeta Auto Sales in full, with interest,via the plan. Gaeta received adequate notice of the bankruptcy and the terms of the plan but did not file a proof of claim or object to confirmation of . . .

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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.

How Guarantors Can Escape Tax on Soured Debt

May 19, 2019

By Cathy Moran, Esq. (Redwood City, CA) and William J. Purdy, III, Simmons & Purdy (Soquel, CA) Ever guarantee the debt of another? Ever meet anyone who has? Chances are if you’re in business and the business is a C-corporation, an S-corporation, an LLC, or a partnership, when that business borrows money, the lender will require one or more persons...

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Progeny of Taggart: In re Gravel and Newrez, LLC v. Beckhart

September 12, 2021

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN) Introduction In re Taggart In 2019, the Supreme Court in In re Taggart1 ruled that the acts alleged in that case to be in violation of a discharge injunction did not empower the bankruptcy court to find the creditor in contempt. In so holding, the Court ostensibly attempted to strike...

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Critical Case Comment – Free Parking

Henry E. Hildebrand, III

January 29, 2023

Percentage fees collected by a Chapter 13 trustee prior to confirmation of a Chapter 13 plan must be returned to the debtor by the trustee if Chapter 13 plan is not confirmed. (Ebel) Goodman v. Doll, 2023 WL 216778 (10th Cir. January 18, 2023) Case Summary Daniel Doll filed Chapter 13 in November of 2017. The debtor complied with 11...

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In re Lazaro: Non-Monetary Default and § 1322(b)(5)

James M. Davis

June 4, 2023

Can a debtor provide for a non-debtor’s loan under § 1322(b)(5) even if the plan does not address a non-monetary default on the claim? In re Lazaro suggests the answer may be “yes.” In that case, the Court held not only that the Debtor’s plan could provide to cure a monetary default on a loan taken out by the Debtor’s...

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Lawyers are People Too: An Interview with Jenny Doling

M. Jonathan Hayes

March 17, 2024

IT’S NACTT REGISTRATION TIME!! Boston on the 4th of July PLUS a Phenomenal Consumer Bankruptcy Conference. We're excited to welcome Jenny Doling as a new addition to our lineup of skilled speakers for this year. She'll be teaming up with Chapter 13 Trustee John Jansing and The Honorable Selene D. Maddox for a session titled "Evaluating Tax Returns and Other Financial Documents." Together, they'll delve into a comprehensive exploration of the complexities surrounding the scrutiny of debtors' tax returns and financial records.

New Judge Appointed

The Academy

June 4, 2023

Honorable Corali Lopez-Castro Appointed Miami’s Newest Bankruptcy Judge

From the Editor – Claims

June 21, 2020

By The Honorable William Houston Brown (Retired) Recordation of divorce judgment created secured claim. In Chapter 13 case, the debtor objected to former spouse’s secured claim, with pre-bankruptcy divorce judgment awarding former marital home to the husband but ordering equalization payments to the wife. No security was mentioned in the judgment, but its recordation created a lien under Wisconsin law....

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Word to the Wise: Failure to Properly Notice a Creditor Is Bad!

M. Jonathan Hayes

April 7, 2024

When the debtor fails to properly schedule a creditor in an asset case, is the now non-dischargeable debt under § 523(a)(3) limited to the amount the creditor would have received had it filed a proof of claim?

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The “Snapshot” Rule – Part 2: When is the Rule Not Determinative?

April 4, 2021

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN) Introduction We saw in Part 1 that the circuits are falling in line to follow the "snapshot" rule, fixing the debtor's exemption rights as of the date of the petition and finding support in both the Code and recent Supreme Court jurisprudence. As the First Circuit put it . ....

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January 26, 2020

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville) When a case converts from Chapter 13 to Chapter 7 prior to the confirmation of a plan, the Chapter 13 Trustee is not permitted to divert funds from the debtor to the debtor’s attorney. In re Lettie, 597 B.R. 637 (Bankr. E.D Wis. 2019)...

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