From the Editor – Property of the Estate and Exemptions • NACTT Academy

From the Editor – Property of the Estate and Exemptions

By The Honorable William Houston Brown (Retired)

Annuity claimed as exempt was still in estate until time to object to exemptions expired, with analysis of stay relief. The Chapter 13 debtor claimed an annuity as exempt and the former spouse sought to collect past due and ongoing domestic support obligation from the annuity. The annuity remained in the estate, protected by the automatic stay, until the time to object to exemption had passed, but cause existed to grant stay relief to allow the former spouse to pursue collection in state court. In reaching the decision, the . . .

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From the Editor – Discharge Injunction

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By The Honorable William Houston Brown (Retired) Section 524(i) applies only to long-term debts not discharged through plan. Whether § 524(i) applied to short-term secured debts that are paid in full and discharged through a Chapter 13 plan was a matter of first impression, with the Court finding no other court had yet decided precise question. Factors used in Supreme...

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Happy Thanksgiving

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As our ‘thank you’ to our loyal readers, we bring you a completely non-password protected issue! ENJOY.

Members of the Armed Forces Are Entitled to Certain Tax Benefits

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Mention keeping time records to a bankruptcy lawyer and you’re likely met with expressions of utter revulsion. All too many assert that the major appeal of being a bankruptcy lawyer is precisely that they don’t have to keep time. Between flat fee deals with clients, and no look fees in Chapter 13, they feel liberated from the clock and the...

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Critical Case Comment

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Jan M. Sensenich

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Jan M. Sensenich graduated from Windham College in Putney, Vermont in 1978 and Vermont Law School in 1983. He served as Core Faculty Member and Director of the Woodbury College Legal Clinic from 1983 to 1987and from 1990 to 1992. Jan was an Associate with Jerome I. Meyers, P.C. from 1987 to 1990 when he opened his own practice concentrating...

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Escrow 102 – Part 3 of 4

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Escrow 101 and 102

Michael J. McCormick, Esq.

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In the fall of 2021, Michael McCormick provided subscribers with an EXCELLENT, expository, seven-part outline on mortgage escrow. This information is just as relevant today as when we first published it with one important update . . . When the next escrow analysis is performed and the servicer has received less than 12 payments of escrow (and often zero, as is often the case after the borrower received a forbearance during the COVID pandemic), the escrow balance will be far less than anticipated!!

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