Henry E. Hildebrand

Jan 11, 2017

The Future of a Harsh Result In re Harshbarger

The requirement that a chapter 13 debtor submit all disposable income to fund a chapter 13 plan is one of the foundations of chapter 13 practice. It has been seen as a basic protection to unsecured creditors that a debtor is making a best effort to repay debts. The

Jan 11, 2017

The Hidden Costs of Bankruptcy Reform

Congress is once again embarking on the quest that is approached about every two decades—the search for a "fair" consumer bankruptcy system. As Congressman George W. Gekas (R-PA) noted upon the introduction of his reform bill H.R. 3150, the public perception is that for

Jan 11, 2017

Charitable Contributions and Disposable Income

Chapter 13 has long been a mechanism whereby unsecured creditors can reap distributions from debtors' available post-petition income. Distributions to general unsecured creditors in chapter 13 cases have risen to provide that, in many cases, the distribution can be

Jan 11, 2017

Bankruptcy Reform in the 107th Congress Dja Vu All Over Again

With the end of the 106th Congress, the bipartisan effort to rewrite the consumer bankruptcy law died the death of a post-adjournment veto. Although conventional wisdom dictates that a bill identical or nearly identical to the conference report on H.R. 2415 will be

Jan 11, 2017

The Sad State of Mortgage Service Providers

Chapter 13 bankruptcy has been used for a variety of reasons since the enactment of the Bankruptcy Code in 1978. It is often cited as the means whereby a debtor can invoke the benefits of the super discharge where potential non-dischargeable debts are present. It has