Accruing Interest: Date of Filing vs. Confirmation

In this case, the E.D. of Wisconsin tackled when interest begins to accrue.

Unlock This Article

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

Please sign in to continue reading this content.

Robert G. Drummond

Chapter 13 Standing Trustee for the District of Montana

Robert G. Drummond has been the only standing Chapter 13 Trustee for the District of Montana since 1992. Mr. Drummond has been a member of the American Bankruptcy Institute since 1987, and a member of the National Association of Chapter 13 Trustees since 1992. He is a past President of the National Association of Chapter 13 Trustees and has twice chaired the Montana Bankruptcy Section. He has published numerous articles dealing with Chapter 13 bankruptcy in several national publications. He is the publisher of the Montana Bankruptcy Reporter located at www.montanabankruptcyreporter.com.

Revested Property Doesn’t Need a Hall Pass

Henry E. Hildebrand, III

February 8, 2026

It is unnecessary for a Chapter 13 debtor to obtain court approval to hire a realtor or to sell the debtor’s residence following confirmation where property “revested” in the debtor.

Members

Fourth Circuit: Brittner v. Beach Anesthesia

Edward C. Boltz

June 25, 2023

Summary: Brittner filed an adversary proceeding against Beach Anesthesia alleging violations of the automatic stay, but the bankruptcy court (affirmed by the district court) held that she had either failed to establish actual damages or to mitigate damages. The Court of Appeals held that that Brittner needed to satisfy a five-part test to establish a violation of the automatic stay: (1) that a bankruptcy...

In re Kaiser Gypsum Co., Inc., 60 F.4th 73 (4th Cir. 2023), pet. for cert. granted, Truck Ins. Exchange v. Kaiser Gypsum Co., Inc., 2023 WL 6780372, (U.S., October 13, 2023).

The Honorable William Houston Brown

October 29, 2023

The Fourth Circuit Court of Appeals held that a plan proposal to create an asbestos trust through Chapter 11 bankruptcy was “insurance neutral,” and the debtor’s insurer was not a party in interest under Code § 1109(b), which contains a noncomprehensive list of parties in interest to a Chapter 11 case. Whether the insurer was a party in interest determined whether...

An Open Thank You Letter to NACTT – Reflections from a New(er) Trustee: My First Two Years

March 7, 2021

By Dynele Schinker-Kuharich, Chapter 13 Standing Trustee (Canton, OH) I vividly remember getting the call that I was to be appointed as a Standing Chapter 13 Trustee (effective October 1, 2018). I was so honored, and humbled, and excited. At the time I was a panel Chapter 7 Trustee, but my heart had always been in Chapter 13. As corny...

Bankruptcy Can Help with Discharge of Student Loans

Tammy Branson, Robert B. Branson

August 17, 2025

“The good news is that our firm recently obtained consent judgments discharging more than $300,000 in federal student loans. . . .”

Members

Critical Case Comment – No Approval No Pay

Henry E. Hildebrand, III

May 15, 2022

It is incumbent upon nonbankruptcy attorneys, including personal injury attorneys, to verify on PACER that their client is not a debtor and that the cause of action as to which they represent their client is not property of the estate; failure to obtain approval of the bankruptcy court for representing a debtor or settlement of a personal injury action is...

Annulment of the Automatic Stay: A Concept Whose Time Has Come – And Gone

June 21, 2020

By Academy Staff The Automatic Stay is one of the most fundamental aspects of the Bankruptcy Code, providing a Chapter 7 Trustee “breathing room” to investigate Debtor’s financial affairs; and providing Debtors in Chapter 13 time to formulate and confirm a Chapter 13 Plan without facing the imminent loss of assets. Equally important, most Courts have concluded that actions in...

Members

Critical Case Comment

October 18, 2020

By Henry E. Hildebrand, III, Chapter 13 Trustee (Nashville, TN) There is no requirement to show a change in circumstance in order to modify a Chapter 13 plan pursuant to § 1329. Whaley v. Guillen (In re Guillen), 2020 WL 5015287 (11th Cir. Aug. 25, 2020) (Marcus) Case Summary Rachel Guillen filed a Chapter 13 petition in August of 2015....

Members

Critical Case Comment – Separate Class Classy Option for Student Loans

Henry E. Hildebrand, III

January 14, 2024

In some instances, this case could be a real game-changer for dealing with student loans. Chapter 13 plan may classify student loans in a separate class!

Members

“Extreme” Serial Filers

Dana M. Estes

May 4, 2025

Courts reserve refiling bars for egregious conduct. Here Attorney Estes looks at two particularly extreme cases.

Members

Accruing Interest: Date of Filing vs. Confirmation

Link to Post:

Unlock This Article

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

Please sign in to continue reading this content.

Robert G. Drummond

Chapter 13 Standing Trustee for the District of Montana

Related Articles

Revested Property Doesn’t Need a Hall Pass

Fourth Circuit: Brittner v. Beach Anesthesia

In re Kaiser Gypsum Co., Inc., 60 F.4th 73 (4th Cir. 2023), pet. for cert. granted, Truck Ins. Exchange v. Kaiser Gypsum Co., Inc., 2023 WL 6780372, (U.S., October 13, 2023).

An Open Thank You Letter to NACTT – Reflections from a New(er) Trustee: My First Two Years

Bankruptcy Can Help with Discharge of Student Loans

Critical Case Comment – No Approval No Pay

Annulment of the Automatic Stay: A Concept Whose Time Has Come – And Gone

Critical Case Comment

Critical Case Comment – Separate Class Classy Option for Student Loans

“Extreme” Serial Filers

Academy

Members

Website

Legal

Looking to Become a Member?

Webinars

Member Articles

Industry News

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