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
February 2, 2025
The present value “interest” that must be paid on a secured claim in accordance with § 1325(a)(5)(B), as determined by Till, is to be paid from the effective date of the plan – confirmation – and not calculated from the date the plan was filed.
Members
Copy of Hildebrand-2016
January 12, 2025
An alleged lessor’s tardy objection to confirmation of a Chapter 13 plan which treats the obligation as a secured loan is precluded from pursuing that objection after passage of the deadline established by the court.
Members
Copy of Hildebrand-2016
January 5, 2025
Chapter 13 debtor has the right to modify a confirmed Chapter 13 plan to pay off the plan early; at modification the “best interest of creditors test” applies to the modified plan as of the effective date of the modification.
Members
Copy of Hildebrand-2016
December 15, 2024
Home equity lender may assess a monthly fee against a debtor’s plan for its compliance with Rule 3002.1 notice of fees charged by HELOC lender’s attorney’s preparation of monthly notices of payment changes and fees authorized by Rule 3002.1. This article is a detailed description of a case Attorney Bonial discusses in Part 2 of Debtor Attorneys Were Gobsmacked!!
Members
Copy of Hildebrand-2016
December 8, 2024
In a point-counter-point to Cathy Moran’s Saldana v. Bronitsky article from last week, Hildebrand brings a slightly different perspective to the case which now appears headed to the Supreme Court. See also: Early Christmas Present for Chapter 13 Bankruptcy Attorneys
Members
Copy of Hildebrand-2016
November 24, 2024
This case is more than meets the eye at first glance. Chapter 13 debtor cannot be compelled to propose a plan that delays vesting.
Members
Copy of Hildebrand-2016
October 27, 2024
Failure of TitleMax to re-perfect lien when first loan was “refinanced” and debtor made a new loan with TitleMax, precluded them from holding a perfected security interest in the automobile that originally served as its collateral would be unsecured.
Members
Copy of Hildebrand-2016
October 20, 2024
Chapter 13 debtor that fails to provide adequate notice to a creditor is not discharged from liability on that obligation in a Chapter 13 case under § 523(a)(3).
Members
Copy of Hildebrand-2016
October 13, 2024
Chapter 13 debtor who has been adjudicated by a state court to be in default of a residential lease does not get the benefit of the automatic stay to halt an eviction when the debtor fails to comply with all of the requirements of § 362(b)(22).
Members
Copy of Hildebrand-2016
October 6, 2024
The district’s “no-look” fee is just a guideline for the court to assess what is reasonable for a debtor’s attorney to charge for filing a Chapter 13 case: the debtor’s attorney seeking something beyond it must prove that the fee is justified.
Members
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