Practice Pointers for Lawyers

By The Honorable Michael G. Williamson, United States Bankruptcy Court, Middle District of Florida

Although written for practitioners in his court, Judge Williamson proposes excellent practice pointers for attorneys nationwide. Click her for complete article.

Judge Michael G. Williamson was appointed to the bench on March 1, 2000. He sits as a bankruptcy judge in the Middle District of Florida, Tampa Division. Judge Williamson graduated from Duke University in 1973 and from Georgetown University Law Center in 1976. He began his bankruptcy practice serving as a Chapter 7 panel trustee from 1977 to 1979. Thereafter, in the following 20 years, he represented numerous Chapter 11 corporate debtors, creditors’ committees, and trustees in bankruptcy cases pending throughout the state of Florida. Judge Williamson is past chair of the Committee on Creditors’ Rights, Section of Litigation, American Bar Association; past chair of the Business Law Section of The Florida Bar and that section’s Bankruptcy/UCC Committee; and a Fellow of the American College of Bankruptcy.

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From the Editor – Fair Debt Collection Practices Act

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By The Honorable William Houston Brown (Retired) Punitive damages reduced for FDCPA and RESPA violations. The mortgage servicer violated FDCPA, RESPA and the Illinois Consumer Fraud and Deceptive Business Practices Act by treating account as delinquent after Chapter 13 debtor had cured arrears, brought account current and obtained discharge. The servicer mistakenly marked the Chapter 13 case as dismissed rather...

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2022 Bankruptcy Procedure Year in Review: Revised Statute and Rules and Selected Cases Part 10 Once Again: The Supreme Court Hands Down a Procedure Rule in Dupree v. Younger

Lawrence R. Ahern, III

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The Kill Switch and The Stay

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Kara K. Gendron, Esquire, Mott & Gendron Law (Harrisburg, PA) A “kill switch” is a device which can be used to disable a machine or program. They have been used for years in a myriad of safety measures, such as shutting down machinery in the event of an emergency, or to prevent the theft of a machine or data. Some...

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Of Tax Refunds, Exemptions, Setoffs, and Roman Gods

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By Herbert L. Beskin, Chapter 13 Standing Trustee for the Western District of Virginia (Charlottesville) If you’re looking for a well-written and clear appellate opinion about a much-litigated topic, with a bit of ancient mythology thrown in for good measure, this HUD’s for you. The case is Wood v. U.S. Dept. of Housing & Urban Development (In re Larry and...

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Report of the American Bankruptcy Institute’s Commission on Consumer Bankruptcy

April 28, 2019

By William Houston Brown, Co-chair of the Commission and Adviser to the Academy for Consumer Bankruptcy Education The Report of the Commission on Consumer Bankruptcy for improvements to the consumer bankruptcy system was made public on April 11, 2019. The full report is available free by download from the American Bankruptcy Institute’s website, www.abi.org. The following Foreward to the Report...

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New Fellows of American College of Bankruptcy

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By William H. Brown, Editor and Advisor, Academy for Consumer Bankruptcy Education, Inc. (d/b/a ConsiderChapter13.org) Members of the Academy and regular speakers at NACTT’s annual seminars were recently elected as Fellows of the American College of Bankruptcy, representing recognition by the College of the important contributions by those in the consumer bankruptcy system. Newly elected Fellows, who are to be...

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Erik P. Kimball

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From the Editor – Lien Issues

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By The Honorable William Houston Brown (Retired) Legal rate of interest applies after foreclosure judgment. Applying New Jersey common law on merger, the mortgage was merged into a final order of judgment of foreclosure; therefore, the mortgage was no longer the basis for determining post- judgment interest. The debtor obtained a sale from which the mortgage creditor would be paid,...

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The “Snapshot” Rule – Part 2: When is the Rule Not Determinative?

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By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN) Introduction On March 20, 2019, the Supreme Court ruled unanimously in Obduskey v. McCarthy & Holthus LLP1 that actions required by state law in a nonjudicial foreclosure are not regulated by the Fair Debt Collection Practices Act (FDCPA).2 The decision resolved a split in the circuits. In addition to the...

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