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Critical Case Comments

Copy of Hildebrand-2016

Critical Case Comment – How Many Cats?

August 7, 2022
Even though the Chapter 13 debtor’s 36 cats were property of the estate, the county animal control office could pursue...
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Copy of Hildebrand-2016

Critical Case Comment – Hell Hath No Fury, Until It Meets the S.D. of PA

July 31, 2022
Chapter 13 debtor’s profligate, pre-petition spending and post-petition lack of candor, demonstrated that the plan was not proposed in good...
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Members
Copy of Hildebrand-2016

Critical Case Comment– Secured Creditor Granted Relief from Stay. But, Wait There’s More . . . No Proof of Claim.

July 24, 2022
Secured creditor in a Chapter 13 case entitled to relief from the stay due to lack of adequate protection where...
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Members
Copy of Hildebrand-2016

Critical Case Comment – Sec. 328 vs. Sec. 327 Not Exactly a Smack Down

July 17, 2022
A referral fee by retained special counsel paid to debtor’s attorney violates the prohibition in § 504 in that the...
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Members
Copy of Hildebrand-2016

Critical Case Comment – Pay the TAXES!

July 10, 2022
Failure of Chapter 13 debtors to satisfy post-petition property tax payments to the county, specifically required in the debtors’ Chapter...
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Members
Copy of Hildebrand-2016

Critical Case Comment – Pre-Confirmation Payments

June 26, 2022
Even though the Model Plan in the district provides that the applicable commitment period starts from confirmation, the debtor may...
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Members

Critical Case Comment–Who is Responsible to Address Eligibility Questions?

April 3, 2022
By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of TN (Nashville) Bankruptcy Court is under...
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Members
Copy of Hildebrand-2016

Critical Case Comment–Sex, Lies and the Barton Doctrine

March 27, 2022
The issuance of a subpoena to a Chapter 7 trustee by a third party was subject to the Barton Doctrine...
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Members
Copy of Hildebrand-2016

Critical Case Comment – Bad Faith to Not Pay Both Tests?

February 27, 2022
Chapter 13 debtor is not obligated to pay both the disposable income pool and the best interest of creditors test...
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Members
ahern_larry_regular

Can a Secured Claim Still “Ride-Through” Bankruptcy Despite BAPCPA? Part 2: Looking Beyond In re Rhodes

February 27, 2022
Background A recent Chapter 7 case out of the Bankruptcy Court for the Southern District of California, In re Rhodes,1...
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Members
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