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Critical Case Comments

Copy of Hildebrand-2016

Critical Case Comment – No Such Thing as “Technical” Violation of the Stay

February 20, 2022
Bankruptcy Court found violation of automatic stay to be “technical”, thus no damages. Ninth Circuit BAP did not agree. Continuing...
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Danielle headshot (2)

If You’re Gonna Bet the Farm, Maybe Play Against the House

January 30, 2022
Gambling is inherently risky, but that rings even more true when a bankruptcy is involved. Section 727(a)(5) allows for denial...
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Members
Copy of Hildebrand-2016

Critical Case Comment – Funds on Hand at Dismissal Go to Debtor. Not So Fast. 13 Trustee May Be Subject to State Court Proceedings

January 16, 2022
While a 13 trustee is partially insulated by the Barton doctrine from being dragged into state court, if a movant...
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Members
Copy of Hildebrand-2016

Critical Case Comment – Debtor Refuses to Give Location of Surrendered Mercedes; Pleads the Fifth

December 26, 2021
Where a Chapter 7 debtor fails to disclose the location of his Mercedes which he intended to surrender, fails to...
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Members
Copy of Hildebrand-2016

Critical Case Comment – Nothing Requires a Plan to Provide for All Secured Claims

December 12, 2021
If a Chapter 13 plan makes no provision for a mortgage obligation, omits any treatment of the mortgage claims, and...
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Members
Copy of Hildebrand-2016

Critical Case Comment– Absolute Right to Dismiss But Not the End of the Story

December 5, 2021
Although a Chapter 13 debtor has the absolute right to voluntarily dismiss her Chapter 13 case, even after a motion...
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Members

Critical Case Comment – Pro Se Debtor Sanctioned

November 21, 2021
By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of TN (Nashville) Where pro se debtors...
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Critical Case Comment – Creditor Not Required to Dismiss Prepetition Nonbankruptcy Action

November 14, 2021
By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of TN (Nashville) The automatic stay does...
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Members

Critical Case Comment – And There is Also Blanco

October 31, 2021
By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville) Rule 3002.1 gives the...
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Members

Critical Case Comment – 10th Circuit Says No Default Cures After Month 60

October 24, 2021
By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN) Chapter 13 debtor cannot submit missed payments to the...
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