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About
Meet the Academy
Public Articles
Positions Available
Contact Us
Join Now
Sign In
Home
About
Meet the Academy
Public Articles
Positions Available
Contact Us
Home
About
Meet the Academy
Public Articles
Positions Available
Contact Us
Critical Case Comments
Critical Case Comment – Fair Discrimination: A Win/Win
Henry E. Hildebrand, III
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
Critical Case Comment – The Plan Rules
Henry E. Hildebrand, III
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
Critical Case Comment – But It’s a GOLF CART!
Henry E. Hildebrand, III
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
Critical Case Comment – “Extraordinary” Key to Set Aside Dismissal
Henry E. Hildebrand, III
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
Critical Case Comment – Stay Violation: Repossession No, Sale Yes
Henry E. Hildebrand, III
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
Critical Case Comment – No Mulligans for Gardners
Henry E. Hildebrand, III
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
Critical Case Comment – Repeat: No Fee Splitting
Henry E. Hildebrand, III
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
Critical Case Comment – In the Windfalls Category
Henry E. Hildebrand, III
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
Critical Case Comment – Watch for Opportunities to Bifurcate Home Mortgage Claims
Henry E. Hildebrand, III
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
Critical Case Comment–Be Careful What You Stipulate
Henry E. Hildebrand, III
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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