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
August 9, 2026
Post-petition use of a “kill switch” disabling debtor’s leased automobile after receiving oral notice by the debtor that he had filed Chapter 13 constituted a willful violation of the automatic stay justifying the award of damages and, when egregious, punitive damages.
Members
Copy of Hildebrand-2016
Mortgage creditor is only entitled to fees etc., where such charges are included in the mortgage documents; creditor bears burden of proof that these fees, costs, and charges are reasonable. It is also said that you miss 100% of the hearings you don’t attend.
Members
Copy of Hildebrand-2016
June 28, 2026
Chicago tried to starve Chapter 13 by starving its lawyers . . . Still don’t completely understand Falkner v. Chicago? Hildebrand brings subscribers a short (yep, short!), understandable article on the bottom line of this case.
Members
Copy of Hildebrand-2016
June 21, 2026
Keathley should now be added to your list of important Supreme Court cases. Be sure to take a look at the concurring opinions. See also: Supreme Court Gets Judicial Estoppel Right, at Least More Right
Members
Copy of Hildebrand-2016
While a creditor holding a mortgage lien on debtor’s principal residence is allowed to supplement its claim by costs, charges, and fees, and may assert these additional costs if the underlying mortgage provides for them, the fees are not awarded unless the notices are required under Rule 3002.1; fees incurred for attorneys preparing notices that are not required by Rule 3002.1 cannot be recovered from the debtor.
Members
Copy of Hildebrand-2016
The obligations imposed on a mortgage servicer in accordance with Rule 3002.1 applies to a “paid in full” mortgage; failure of the creditor, debtor, and trustee to take any action or follow-up to an ignored notice of mortgage payment change justifies the imposition of sanctions against all three.
Members
Copy of Hildebrand-2016
Motion to voluntarily dismiss a Chapter 13 case is not automatic and only takes effect with entry of a court order; the 180-day bar to filing following a voluntary dismissal after a motion for relief from stay starts only when the case is actually dismissed.
Members
Copy of Hildebrand-2016
Chapter 13 debtor’s surrender of real property does not effectuate a transfer of ownership absent acceptance by the transferee, thereby leaving the debtor exposed to continuing liabilities incident to ownership.
Members
Copy of Hildebrand-2016
Chapter 13 plan’s compliance with the means test in § 1325(b) does not immunize the plan from the good faith requirement of § 1325(a) and an above median Chapter 13 debtor whose plan satisfies the mathematical requirements of the means test must still be proposed and filed in good faith.
Members
Copy of Hildebrand-2016
April 19, 2026
Although a Chapter 13 plan can override a writ of eviction, debtor must demonstrate they can perform under an assumed lease and default can be cured “promptly.”
Members
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