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Critical Case Comments

Copy of Hildebrand-2016

Critical Case Comment – Fair Discrimination: A Win/Win

December 11, 2022
A Chapter 13 plan can be confirmed to pay a 100% dividend to unsecured creditors while maintaining payments to a...
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Members
Copy of Hildebrand-2016

Critical Case Comment – The Plan Rules

December 4, 2022
Chapter 13 plan which provided a specific amount to be cured on a reverse mortgage under § 1322(b)(5) would be...
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Members
Copy of Hildebrand-2016

Critical Case Comment – But It’s a GOLF CART!

November 20, 2022
A golf cart is a motor vehicle and may be exempted by a Chapter 7 debtor under state law. (Loyd)...
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Members
Copy of Hildebrand-2016

Critical Case Comment – “Extraordinary” Key to Set Aside Dismissal

November 13, 2022
Chapter 13 debtor must demonstrate extraordinary circumstances to justify the extraordinary relief of setting aside or “reconsidering” an order dismissing...
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Members
Copy of Hildebrand-2016

Critical Case Comment – Stay Violation: Repossession No, Sale Yes

November 6, 2022
Although the retention of collateral validly repossessed prior to the filing of the petition does not violate the stay, the...
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Members
Copy of Hildebrand-2016

Critical Case Comment – No Mulligans for Gardners

October 30, 2022
In order for a debtor to succeed in setting aside a dismissal in a motion filed under Rule 9024, F.R.B.P.,...
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Members
Copy of Hildebrand-2016

Critical Case Comment – Repeat: No Fee Splitting

October 23, 2022
A referral fee by retained special counsel paid to debtor’s attorney violates the prohibition in § 504 in that it...
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Members
Copy of Hildebrand-2016

Critical Case Comment – In the Windfalls Category

August 28, 2022
Unanticipated post-petition acquisitions, constituting property of the estate, can be captured for the purpose of repaying creditors. In re Powell,...
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Members
Copy of Hildebrand-2016

Critical Case Comment – Watch for Opportunities to Bifurcate Home Mortgage Claims

August 21, 2022
Where a Chapter 13 plan treats a claim as secured only by the debtor’s mobile home under § 506 and...
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Members
Copy of Hildebrand-2016

Critical Case Comment–Be Careful What You Stipulate

August 14, 2022
Where a stipulation of a settlement of an objection to confirmation provided that a creditor’s claim would be “excepted from...
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Members
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