When Things Don’t Go According to (the) Plan: Getting Out From Under Under-Funding

By Mark C. Leffler1, Boleman Law Firm P.C., Virginia Beach, VA

It is often said that the Chapter 13 plan is “the debtor’s plan”, but the truth is, most consumer debtors only want to know whether they get to keep their home and/or car, how much to pay, to whom, and when. They trust nuances in their plan--such as why some creditors receive payment in full while others may only receive a small fraction of the balance owed—to the experience and creativity of their counsel. Debtors rely on . . .

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Critical Case Comment – But It’s a GOLF CART!

Henry E. Hildebrand, III

November 20, 2022

A golf cart is a motor vehicle and may be exempted by a Chapter 7 debtor under state law. (Loyd) In re Smith, 2022 WL 3023209 (Bankr. W.D. Okla. July 28, 2022) Case Summary Bobby Smith filed a Chapter 7 petition and listed his golf cart as an exempt asset under Oklahoma law because it was a “motor vehicle.” The...

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Arbitration in Bankruptcy: Reading Opinions & Tea Leaves in Recent Supreme Court & Lower Court Actions

February 17, 2019

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN) PART II: More Supreme Court Action on Arbitration Introduction Click here for Part I Click here for Part III Click here for Part IV What is the effect of an . . . It looks like you are not signed in or registered! This content is only available to members....

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Best Practices in Bankruptcy: Power of Attorney or Guardian

Michael B. Joseph

June 12, 2022

It is always troublesome when an individual bankruptcy petition is filed by power of attorney. It may be less of a concern in a chapter 7 case when the debtor is in the military, incarcerated, or temporarily disabled. More worrisome is the incompetent or advanced aged debtor who has been placed in a chapter 13 by someone holding a power...

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IRS Warns of Impersonation Email Scam; Reminds Taxpayers IRS Does Not Send Unsolicited Emails

August 25, 2019

On 8/22/19 the IRSe and its Security Summit partners warned taxpayers and tax professionals about a new IRS impersonation scam campaign spreading nationally on email. Remember: the IRS does not send unsolicited emails and never emails taxpayers about the status of refunds. The IRS detected this new scam as taxpayers began notifying [email protected] about unsolicited emails from IRS imposters. The...

Absolute Right to Dismiss? Sixth Circuit Says “Yes”

August 8, 2021

By Academy Staff Section 1307(b) provides: On request of the debtor at any time, if the case has not been converted under Section 706, Section 1112, or Section 1208, the court shall dismiss a case under this chapter. This seemingly straightforward provision has generated significant litigation and produced multiple conflicting decisions. Does a Debtor have a right to dismiss a...

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Taxpayers with Expiring ITINs Should Renew Them Now

August 18, 2019

Taxpayers with expiring individual taxpayer identification numbers should renew their number ASAP. There are nearly 2 million ITINs set to expire at the end of 2019. Taxpayers with an expiring number should renew before the end of this year. This will help avoid unnecessary delays related to their tax refunds next year. ITINs are used by taxpayers required to file...

Bridging Relationships: Everyone Benefits

The NACTT Emeritus Trustees

June 11, 2023

Chapter 13 Trustees occupy unique positions. Every day they work with the courts, clerks’ offices, debtors, creditors, and their attorneys, and the Office of the United States Trustees. Within ethical bounds, it is important that Chapter 13 trustees build and maintain relationships with each of these constituents. Civility, professionalism, and trust are the mainstays for all of these interactions. We...

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New Federal Guidance on Discharging Student Loans in Bankruptcy Is a Game Changer

Robert B. Branson, Tammy Branson

March 26, 2023

The Justice Department, in partnership with the Department of Education, recently announced new guidelines that loosen the strict application of the “undue hardship” exceptionwhen defending a student loan dischargeability action. This new guidance is a game changer. In the past the Department of Justice narrowly applied the undue hardship exception when defending discharge of student loans to the extent that...

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The Power of a Checklist

Jay S. Jump

March 12, 2023

Recently, I had the pleasure of a great conversation with Chapter 13 Trustee, Thomas McDonald, from the EDMI. As it turns out, we have both been pilots for a long time. Once we came to this realization, our conversation quickly devolved from the issues confronting the bankruptcy industry to talk of density altitude, mountain flying, and the importance of using...

Critical Case Comment

June 27, 2021

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN) It constitutes an unfair discrimination, violative of 11 U.S.C. § 1322(b)(1), for a Chapter 13 plan which would pay more to a student loan than to the remaining general unsecured creditors. (Somers) In re Kane, 603 B.R. 491 (Bankr. C.D. Kan. June 18, 2019) Case Summary Ronald Kane filed...

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