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Post-Confirmation

Copy of Hildebrand-2016

Critical Case Comment – Pigs Get Fat/Hogs Get Slaughtered

March 19, 2023
Below-median Chapter 13 debtor bears the burden of justifying a plan longer than three years as confirmation of a five-year...
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Copy of Hildebrand-2016

Critical Case Comment – If Objection, Arrears Gotta’ Be Equal Monthly Installments

March 12, 2023
When a mortgage servicer objects to the plan based on its failure to pay mortgage arrears in equal monthly payments,...
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Members
Copy of Hildebrand-2016

Critical Case Comment – Pre to Pre and Post to Post

March 5, 2023
Mortgage loan servicer violated mortgage agreement with debtor, the automatic stay, the confirmation order and Rule 3002.1 by applying debtor’s...
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Members
Copy of Hildebrand-2016

Critical Case Comment – Five Theories of Post-Confirmation Property Treatment

February 26, 2023
In examining the effect of vesting of property of the estate at confirmation of a Chapter 13 plan, bankruptcy court...
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Members
Copy of Hildebrand-2016

Critical Case Comment – Present Tense in § 544(b)

February 19, 2023
When case converts from Chapter 13 to Chapter 7, the Chapter 7 trustee is not limited to the valuation of...
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Preferences: When does the Clock Start Running?

February 19, 2023
Creditors may now be subject to more preference actions, especially for those cases filed in Indiana. The Seventh Circuit recently...
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Members
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How To Manage Incompetent, Unprepared, and Negligent Bankruptcy Counsel

February 12, 2023
Previously the Emeritus Trustees (“ETC”) were asked to comment on “How to Manage Unprofessional and Discourteous Attorneys”. We now turn...
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Members
Copy of Hildebrand-2016

Critical Case Comment–84 Months: Lifesaver or Anchor?

February 12, 2023
Section 1329(c), as it currently exists, forecloses the ability of Chapter 13 debtor to modify a confirmed plan to alter...
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Members
Copy of Hildebrand-2016

Critical Case Comment – Ignoring 3002.1 Will Cost You

February 5, 2023
Mortgagee’s failure to disclose payment changes resulting from escrow adjustments and interest rate modifications compels the Court to order mortgagee...
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Members
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9th Circuit BAP: Actually, Absolute Right to Dismiss Means Absolute

January 29, 2023
Ninth Circuit Bankruptcy Appellate Panel finds no “eligibility” exception to right to dismiss a Chapter 13 bankruptcy Powell vs TICO...
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