Henry E. Hildebrand, III

Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville)

Biography

Henry E. Hildebrand, III has served as Standing Trustee for Chapter 13 matters in the Middle District of Tennessee since 1982 and as Standing Chapter 12 Trustee for that district since 1986. He also is of counsel to the Nashville law firm of Belcher Sykes Harrington, PLLC. Mr. Hildebrand graduated from Vanderbilt University and received his J.D. from the National Law Center of George Washington University. He is a fellow of the American College of Bankruptcy and the Nashville Bar Foundation. He is Board Certified in consumer bankruptcy law by the American Board of Certification and serves on its faculty committee. He is Chairman of the Legislative and Legal Affairs Committee for the National Association of Chapter 13 Trustees (NACTT). He is on the Board of Directors for the NACTT Academy for Consumer Bankruptcy Education, Inc. and is an adjunct faculty member for the Nashville School of Law and St. Johns University School of Law. In addition, he served as a commissioner to the American Bankruptcy Institute’s Commission on Consumer Bankruptcy.

Articles by Henry E. Hildebrand, III

Copy of Hildebrand-2016
April 5, 2026
A bankruptcy filing by a guarantor of a note secured by property titled in the debtor’s LLC is not protected by the automatic stay.
Members
Copy of Hildebrand-2016
March 29, 2026
Pro se Chapter 13 debtor’s case would be dismissed with a bar on refiling even though debtor was current on her confirmed plan payments due to her abuse of the bankruptcy process, including litigious but pointless pleadings, and continuing effort to relitigate matters already decided by the court.
Members
Copy of Hildebrand-2016
March 22, 2026
Where state law provides a homestead exemption to proceeds generated from the sale of a debtor’s homestead for a period of one year following the sale, the exemption would be allowed even if the debtors do not intend to devote these proceeds to obtain a substitute home.
Members
Copy of Hildebrand-2016
March 8, 2026
For the court to set aside an order dismissing a debtor’s case, the debtor bears the burden of proof to establish that grounds exist under Rules 59(e) and 60(b).
Members
Copy of Hildebrand-2016
March 1, 2026
Property inherited by a Chapter 13 debtor more than 180 days after the filing of the petition is property of the estate under § 1306 and may be considered in properly filed motion to modify as a method to fund increased plan payments.
Members
Copy of Hildebrand-2016
February 22, 2026
A Chapter 13 trustee has an obligation to return all funds on hand (after deducting for delinquent adequate protection or administration claims) to the debtor if their plan is not confirmed; the Code requirement trumps a state law garnishment issued against the trustee.
Members
Copy of Hildebrand-2016
February 15, 2026
When the trustee avoids a lien on a vehicle which is owned by both debtors as tenants by the entirety, the value must be paid to general unsecured creditors and not simply to joint debts of the debtors.
Members
Copy of Hildebrand-2016
February 8, 2026
It is unnecessary for a Chapter 13 debtor to obtain court approval to hire a realtor or to sell the debtor’s residence following confirmation where property “revested” in the debtor.
Members
Copy of Hildebrand-2016
February 1, 2026
Clever use of Chapter 13. Expenses paid by a non-filing spouse toward a debt consolidation program confer no benefit to the debtor or the debtor’s household and are not included in Current Monthly Income even though the debts had been incurred for the benefit of the household.
Members
Copy of Hildebrand-2016
January 25, 2026
Where Chapter 13 debtor’s non-filing spouse executed a deed of trust securing a second mortgage loan which she owned as a joint tenant with the debtor, but where she did not execute the promissory note, the creditor’s (under secured) lien would be released upon the discharge of the debtor.
Members
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