Critical Case Comment: In re Garner

By Henry E. Hildebrand, III, Chapter 13 Trustee for the Middle District of TN

In re Garner, 2011 WL 5989019 (11th Cir, Nov. 30, 2011) (Dubina)

An oversecured creditor is entitled to contract interest from filing until the date of confirmation and thereafter entitled to Till rate interest only.

Case Summary

The Debtor borrowed $33,848 from First United Security Bank in December 2008. The note carried interest at the rate of 10.5% per annum and was to be paid over 30 months. The note was secured by a number of motor vehicles.

The Debtor . . .

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

Or Sign In Below:

No Author Biography has been linked to this Article.

The Government Shutdown and Chapter 13 Plan Arrearages – What Do We Do Now?

January 21, 2019

By Jan M. Sensenich, Chapter 13 Standing Trustee for the District of Vermont As we reach the end of the first month of the partial government shutdown, with no end in sight, 800,000 federal workers have started missing their paychecks. As the shutdown continues, Chapter 13 trustees are weighing how best to address the inevitable question from federal government employee...

Members

New Fellows of American College of Bankruptcy

December 15, 2019

By William H. Brown, Editor and Advisor, Academy for Consumer Bankruptcy Education, Inc. (d/b/a ConsiderChapter13.org) Members of the Academy and regular speakers at NACTT’s annual seminars were recently elected as Fellows of the American College of Bankruptcy, representing recognition by the College of the important contributions by those in the consumer bankruptcy system. Newly elected Fellows, who are to be...

Meet A Newish Trustee

July 28, 2019

Tiffany M. Cornejo was appointed as the Chapter 13 Standing Trustee for the District of New Mexico on December 1, 2017. She took the reins from retiring Kelley Skehen. Ms. Cornejo received her Bachelor of Science in Journalism (B.S.J.) degree at the University of Kansas in Lawrence in 2002 and remained there to obtain her Juris Doctor in 2005. She...

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...

Members

Upwardly Mobile: An Analysis of the Telecommunications Deduction Line on the Means Test

Kara K. Gendron

September 17, 2023

“Perhaps the most obvious problem with this instructional language is that it refers to outdated services.”

Members

Covid-19 and the 7 Year Plan

March 29, 2020

By Ken Siomos, Staff Attorney for Marsha L. Combs-Skinner (Newman, IL) A small part of the recently passed “Cares Act” is the ability of Chapter 13 debtors experiencing a “material financial hardship” as a result of the covid-19 pandemic to modify their plan to 84 months.i Many Chapter 13 Trustee’s are likely anticipating a series of Chapter 13 Plan defaults...

Happy Thanksgiving

November 19, 2023

As our ‘thank you’ to our loyal readers, we bring you a completely non-password protected issue! ENJOY.

Critical Case Comment

July 11, 2021

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN) A prior servicer of a mortgage claim subsequently transferred to another servicer could be held liable if the transferor servicer provided inadequate or incorrect information to the transferee. (Aron) In re Bivens vs. NewRez LLC (In re Bivens), 625 B.R. 843 (Bankr. M.D. N.C., March 25, 2021) Case Summary...

Members

Judicial Year in Review 2021: Part 4 Selected Cases under Parts VIII and IX of the Federal Rules of Bankruptcy Procedure

Lawrence R. Ahern, III

December 19, 2021

Introduction Following Part 1's review of the December 1, 2021 changes in the Federal Rules of Bankruptcy Procedure, Part 2 and

Members

Serendipity, a Tribute to Judge Jack B. Schmetterer

March 14, 2021

By Mark S. Wheeler, Staff Attorney to M.O. Marshall, Standing Chapter 13 Trustee (Chicago, IL) (Used with expressed permission. Published February 2021 in the Northern District of Illinois Bankruptcy Court Liaison Committee Newsletter.) Despite appearing before the Senior Bankruptcy Judge for the Northern District of Illinois perhaps hundreds of times over the last 29 years, I was uncharacteristically nervous to...