From the Editor – Chapter 7 Issues • NACTT Academy

From the Editor – Chapter 7 Issues

By The Honorable William Houston Brown (Retired)

Means Test: Ability to pay 24% to unsecured established cause for dismissal. Under totality-of-circumstances test, United States trustee established that debtor had ability to pay 24% of unsecured debt in Chapter 13, and under In re Seafort, 669 F.3d 661 (6th Cir. 2012), after retirement plan loan would be repaid funds were then available to Chapter 13 plan. In re Pittman, ___ B.R. ___, 2014 WL 946570 (Bankr. S.D. Ohio March 10, 2014).

________________________________

The Honorable William Houston Brown retired . . .

It looks like you are not signed in or registered! This content is only available to members.

Or Sign In Below:

No Author Biography has been linked to this Article.

ABI Commission on Consumer Bankruptcy – Collateral Repossessed Pre-Petition

October 6, 2019

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN) One of the most difficult situations faced by a debtor and debtors’ counsel is the repossession of important collateral securing a debt owed to a creditor. These items, such as automobiles, furniture, boats, and mowers which have been pledged to a creditor are important – often critical – to...

Members

IRS Extends April 15, Other Upcoming Deadlines for Alabama Storm Victims, Provides Other Tax Relief

March 10, 2019

Victims of March 3rd tornadoes and severe storms in Alabama have until July 31, 2019, to file certain individual and business tax returns and make certain tax payments. The IRS is offering this relief to any Major Disaster Declaration area designated by the Federal Emergency Management Agency (FEMA) as qualifying for individual assistance. Currently, this only includes Lee County, Alabama,...

Why Your Bankruptcy Client Doesn’t Understand You (And How to Fix the Problem)

Cathy Moran

August 1, 2023

By Cathy Moran, Moran Law Group (Redwood City, CA) Bankruptcy attorneys and their clients often seem to be a pair, divided by their common language. Even without legal jargon, we talk past each other. How do we misunderstand each other? Let me count the ways: Property: I don’t have any property, lost the house to foreclosure last year. Property 2:...

Members

Cyber Security – You Are The Weakest Link

Naliko Markel

February 19, 2023

At the NACTT 2023 Mid-Year Trustee Meeting in January the presentation that resonated the most with me was one about the dark web. The presenter, Mark Lanterman (CTO Computer Forensic Services), said something that haunts me still: your biggest security risk is your people. Mind blown. We spend so much time, energy, and resources on physical security and network security,...

Members

Passing of James J. Barta, Sr.

The Academy

November 12, 2023

It is with sadness that we announce the death of retired U.S. Bankruptcy Judge, James J. Barta, Sr. on Tuesday, November 7, 2023. Judge Barta served as a Bankruptcy Referee in the Eastern District of Missouri beginning in 1978, then a Bankruptcy Judge from 1986 through 2006, including three stints as Chief Judge. Before serving with the Court, Judge Barta...

Critical Case Comment – What About a Zero Value Junior Lien?

Henry E. Hildebrand, III

November 5, 2023

Bankruptcy Court has authority to compel implementation of a confirmed Chapter 13 plan which, at its end required the release of a junior lien which had been given no value; attorney’s fees would be awarded to debtors’ counsel for pursuing the release.

Members

Trustee Cannot Require Debtor to Treat Nondischargeable Student Loan Debts in a Separate Class

August 25, 2019

By Gretchen D. Holland, Standing Chapter 13 Trustee for the Greenville/Spartanburg Division of South Carolina The Bankruptcy Code does not – and thus a trustee cannot – require a debtor to treat nondischargeable student loan debts in a separate class from other general unsecured claims under § 1322(b)(1), even when including them all in the same pool will result in...

Members

From the Editor – Dismissal

August 2, 2020

By The Honorable William Houston Brown (Retired) Chapter 13 debtor had absolute right to dismiss. Facing a contested confirmation hearing, the debtor moved to dismiss the case, and his estranged spouse objected. Concluding that § 1307(b) provides an absolute right to dismiss a case that had not been previously converted, the court posed questions about whether there should be limits...

Members

We Love You Dan (“Stingray”) Brunner!!

October 1, 2023

Dan grew up in Spokane, Washington, and graduated from Gonzaga University in 1966 with a BA in political science. After finishing his undergraduate degree, Dan entered active duty in the United States Army. He was stationed in Korea from 1967 to 1968 where he commanded a HAWK missile battery. Dan retired from the United States Army in 1994 with the...

ABI Commission on Consumer Bankruptcy – Student Loans – Suggested Statutory Changes

April 21, 2019

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN) Section I. Student Loans, Part I Statutory Suggestions When the Commission asked participants to identify the most important issue in consumer bankruptcy, all three committees were told the same thing: the role of bankruptcy in the field of student loans. All three committees looked at the issue and proposed...

Members