From the Editor – Discrimination • NACTT Academy

From the Editor – Discrimination

By The Honorable William Houston Brown (Retired)

Former debtor not protected in political appointment. The Wisconsin Governor had intended to appoint an individual as interim county register of deeds but decided not to do so after learning of her prior bankruptcy filing. The individual then sued the Governor and another governmental official for violation of statutory and constitutional rights, but the Seventh Circuit held that the defendants had not waived qualified immunity. The defense of qualified immunity was not raised until the answer to plaintiff’s amended complaint. The defendants, as governmental officials, had qualified immunity . . .

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Passing of Wichita Attorney

The Academy

November 19, 2023

It is with sadness that we report the passing of William (“Bill”) Schantz formerly of the Office of UST.

Critical Case Comment – Punitive Damages? Yep.

Henry E. Hildebrand, III

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Punitive damages can be awarded for a violation of Rule 3002.1 even where there are no compensatory damages, other than attorney’s fees.

Members

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Michael B. Joseph

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“Is it possible to voluntarily convert a chapter 13 case to chapter 7, and later reconvert back to chapter 13? There is a split of authority on whether this maneuver is allowed.”

Members

Critical Case Comment

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By Henry E. Hildebrand, III, Chapter 13 Trustee (Nashville, TN) Chapter 13 debtor may exclude from disposable income amounts projected to be paid to an employer sponsored 401(k) where such payments are consistent with pre-filing contributions made to the retirement account. Davis v. Helbling, 2020 WL 2831172 (6th Cir. June 1, 2020) (Larsen) Case Summary In 2017, Camille Davis filed...

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Interspousal Claims Live On and On and On

Cathy Moran

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Even when the contentions against a debtor spouse sound in fraud, breach of fiduciary duty, or intentional tort, the claims of the debtor’s spouse survive a Chapter 7 discharge.

Members

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What are the consequences of a secured lender’s failure to comply with R. 3002.1 in a prior case when the debtor files again? Significant, it seems. . . . since their attorney said he “didn’t see the need” to do so. [Can you guess, now, how this comes out?]

Members

All Taxpayers Should Plan Ahead for Natural Disasters

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Floods, wildfires, hurricanes, tornados and other natural disasters happen quickly and often with little warning. No one can prevent these disasters from happening, but people can prepare for them. Here are some things taxpayers can do to help protect their financial safety should a disaster occur. Taxpayers should: Update emergency plans. A disaster can strike any time. Personal and business...

Done with Taxes This Year? Use 2018 Return to Get 2019 Withholding Right

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Millions of taxpayers filed a 2018 tax return in the last few weeks, making now a prime time for everyone to consider whether their tax situation came out as they expected. If it didn’t, they can use their recently finished 2018 return and the IRS Withholding Calculator to do a Paycheck Checkup and adjust their withholding. Checking and then adjusting...

The “Snapshot” Rule – Part 1: The Circuits Begin to Line Up

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By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN) Exemptions are determined at the time the debtor files for bankruptcy. … This maxim is called the "snapshot" rule because the debtor's financial situation is frozen in time, as if someone had taken a snapshot of it.1 Recent Caselaw The First and Ninth Circuits On March 1, the Ninth Circuit...

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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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