Predictions on Bellingham – An Eyewitness Account • NACTT Academy

Predictions on Bellingham – An Eyewitness Account

By M. Jonathan Hayes, Certified Bankruptcy Specialist (Northridge, CA)

I attended oral argument a few weeks ago at the Supreme Court with my law partner Matt Resnik and two other long-time bankruptcy law friends of ours. We got to see Law v. Siegel and, the next day, EBIA v. Arkinson (In re Bellingham Insurance Agency, Inc.). We sat in the second row where I could almost reach up and shake hands with Justice Sonia Sotomayor. This was my third trip to see our highest court in action and it continues to be the . . .

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Critical Case Comment – Nothing Requires a Plan to Provide for All Secured Claims

Henry E. Hildebrand, III

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If a Chapter 13 plan makes no provision for a mortgage obligation, omits any treatment of the mortgage claims, and prohibits the Trustee from making disbursements toward the claims, the claims are not provided for by the plan and the plan can be confirmed over the objection of the creditor and the trustee; nothing requires a plan to provide for...

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Meet a New Trustee

The Academy

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Justifying Reasonable Document Requests

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By Sean G. O'Hair, Staff Attorney to Chapter 13 Standing Trustee Nancy Curry (Los Angeles, CA) Recent changes to the Handbook for Chapter 13 Standing Trustees promise to bring renewed scrutinyto the reasonableness of document requests by a chapter 13 trustee for documents that are not otherwise required to be provided by law.1 The basic idea appears to be that...

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Is Nunc Pro Tunc Really Sunk?

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By James M. Davis, Staff Attorney to Chapter 13 Standing Trustee Henry E. Hildebrand, III (Nashville, TN) Bankruptcy Courts take determinations from the Supreme Court seriously. And rightfully so. But sometimes, some bankruptcy courts are guilty of reading too much into the Court’s statements. The latest example is the soul searching around “nunc pro tunc” (“now for then”) orders. Earlier...

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A Guide to the Small Business Reorganization Act of 2019 – Revised June 2022

Paul W. Bonapfel

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Click here to see PDF – SBRA Guide June 2022 Compilation FINAL Click here to see PDF – SBRA May-June Supplement Final

Remembrances of a Retired Trustee

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By Mike Fitzgerald It has been almost one full year since I retired as the Chapter 13 Standing Trustee in Seattle. I am happy to report that my family and I are enjoying ourselves immensely. As retirement grows more comfortable, I find myself looking back with mostly very fond memories at the nineteen years I served as a Trustee, as...

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Neil Lloyd Enmark

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This quick read has something for everyone. “The services are convenient for consumers and probably encourage impulse buying.” More from this author: Post-Confirmation Property & Income Changes

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Drummond Receives Professionalism Award

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By Regina Logsdon, Executive Director, The Academy d/b/a ConsiderChapter13.org Robert (“Bob”) G. Drummond has been the only standing Chapter 13 Trustee for the District of Montana since 1992. Originally from Montana, Mr. Drummond graduated from Montana State University with a Bachelor of Science degree in Agricultural Business, and received a Juris Doctorate in Law with Honors from the University of...

2022 Bankruptcy Procedure Year in Review: Revised Statute and Rules and Selected Cases Part 9 More from the Supreme Court: MOAC Mall Holdings LLC v. Transform Holdco LLC

Lawrence R. Ahern, III

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Introduction This series reviews developments in bankruptcy procedure during the past year.One new rule and amendments to 16 rules took effect December 1, 2022. Many reflected changes necessitated by the Small Business Reorganization Act of 2019 (SBRA), and had been in place in the same or similar form on an interim basis since that legislation took effect.

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From the Editor – Dismissal

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By The Honorable William Houston Brown (Retired) Marijuana connection required case dismissal. The Chapter 13 debtors owned interests in an entity that was engaged in litigation to recover damages for breach of contract related to growing and selling marijuana, and this connection required dismissal of the case. Continuing administration of the case “would likely require the trustee or the court...

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