From the Editor’s Desk – Eligibility • NACTT Academy

From the Editor’s Desk – Eligibility

By The Honorable William Houston Brown (Retired)

Mortgage servicer had standing to contest eligibility. Status as a mortgage servicer gave the servicer a pecuniary interest and standing to move to dismiss the case and present proof on eligibility. The debtor contended that the debt on his real property was disputed and unliquidated, but the court held that the debtor’s obligations were sufficiently determinable to constitute liquidated debt. The court cited In re Adams, 373 B.R. 116 (BAP 10th Cir. 2007), for the key factor in determining whether a debt is liquidated or . . .

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From the Editor

March 24, 2019

By Wm. Houston Brown, United States Bankruptcy Judge (Retired) Discharge - Paying more than original loan balance would be undue hardship. The 59-year old debtor employed in aging and disability services couldn’t maintain a minimal living standard without discharge of substantial portion of student loan debt. The Court identified factors included in “minimal standards” in modern American society and found...

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A Sappy Farewell to Jeff Kellner as the Dayton Chapter 13 Trustee

September 29, 2019

By The Honorable Guy R. Humphrey, Southern District of Ohio It is with heavy hearts that we in Dayton, Ohio say our farewells to Jeff Kellner as our Chapter 13 Trustee. Jeff will be concluding his duties as the Trustee on September 30th and handing the reins over to John Jansing on October 1st. Listing Jeff’s contributions to the bankruptcy...

The Brunner Student Loan Hardship Test: Alive and Well in The Big Apple

June 23, 2019

By Herbert L. Beskin, Chapter 13 Trustee for the Western District of Virginia (Charlottesville) Let’s take the following set of facts and see how it plays out in the labyrinthian world of hardship discharge of student loan debt. The case is In re Lozada (Lozada v. Educational Credit Management Corporation), 594 B.R. 212 (Bankr. S.D. N.Y. 2018). Years ago (30...

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Critical Case Comment – In the Windfalls Category

Henry E. Hildebrand, III

August 28, 2022

Unanticipated post-petition acquisitions, constituting property of the estate, can be captured for the purpose of repaying creditors. In re Powell, 2022 WL 1043502 (Bankr. C.D. Ill. April 7, 2022)(Perkins) Case Summary Clarence and Betty Powell filed a Chapter 13 petition in February of 2020 and their plan was confirmed that October. The plan required the Powells to make monthly payments...

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Escrow 102 – Part 3 of 4

October 10, 2021

By Michael J. McCormick, Esq., McCalla Raymer Leibert Pierce, LLC (Roswell, GA) Escrow 101 – Part 1 Escrow 101 – Part 2 Escrow 101 – Part 3 Escrow 102 – Part 1

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Ask Ms. Ps & Qs

Nancy B. Rapoport

June 4, 2023

Dear Readers: We’re now at the season where things go a bit wacky, and one thing that can go wacky has to do with people who are represented by counsel who want to talk with you. “Let’s cut out the middleman,” they think. After all, what harm could it be to save time? Plenty of harm, actually: Model Rule 4.2...

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

Henry E. Hildebrand, III

December 12, 2021

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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The NCBJ Is Turning 100

The Honorable Deborah L. Thorne, The Honorable Kathy A. Surratt-States

April 21, 2024

Judge Deborah Thorne, NDIL, and Judge Kathy Surratt-States, EDMO, on behalf of the NCBJ’s DEI Committee, have written two articles about some of judicial firsts.

Does Section 1325(b)(1)(A) Hold Your Interest?

Daniel M. Tavera, The Honorable John P. Gustafson

July 9, 2023

When Does The Bankruptcy Code Require The Payment Of Interest On Unsecured Claims In Chapter 13? I. Introduction This article primarily discusses the interpretation and application of § 1325(b)(1)(A) of the Bankruptcy Code in relation to the payment of interest to general unsecured creditors in chapter 13 bankruptcy cases. Section 1325(b)(1)(A) generally states that a court may not approve a chapter...

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An Open Thank You Letter to NACTT – Reflections from a New(er) Trustee: My First Two Years

March 7, 2021

By Dynele Schinker-Kuharich, Chapter 13 Standing Trustee (Canton, OH) I vividly remember getting the call that I was to be appointed as a Standing Chapter 13 Trustee (effective October 1, 2018). I was so honored, and humbled, and excited. At the time I was a panel Chapter 7 Trustee, but my heart had always been in Chapter 13. As corny...