Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville)

Broadrick v. LVNV Funding LLC (In re Broadrick) 532 B.R. 60 (Bankr. M.D. Tenn. June 19, 2015) (Mashburn): While filing of a proof of claim in a Chapter 13 case is not automatically a violation of the Fair Debt Collection Practices Act when the underlying debt cannot be collected because of an applicable statute of limitations, filing such a “stale” proof of claim is not necessarily protected from the FDCPA merely because it arises in a bankruptcy.

Case . . .

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.

Critical Case Comment

March 14, 2021

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville) Despite a split in authority, funds held by a Chapter 13 Trustee at the time a case is dismissed prior to confirmation, are subject to the trustee’s commission before any balance is returned to the debtor. In re Doll, 17-20831-MER (Bankr. D.Colo. Feb. 19,...

Members

How to Present an Effective Summary Judgment Motion

August 23, 2020

By Hon. Erik P. Kimball, United States Bankruptcy Court for the Southern District of Florida (Used with permission - Originally Published by the Courthouse Beacon, United States Bankruptcy Court for the Southern District of Florida August, 2020) Summary Judgment Applies In Contested Matters Bankruptcy Rule 7056 incorporates all of Federal Rule 56 for purposes of adversary proceedings, adjusting only the...

Members

I’ve Looked at Clouds from Both Sides Now

April 25, 2021

(Song by Joni Mitchell – first recorded by Judy Collins in 1968) By Merideth Akers, CPA, PHR, Comptroller for Bradford W. Caraway (Birmingham, AL) In the simplest terms, bankruptcy has two sides. The debtor is on one side, and the creditor is on the opposite side. Although there are opposite sides in bankruptcy, the system is designed to be non-adversarial....

Members

TMI: Too Much Information

Marie-Ann Greenberg

August 6, 2023

Practice Point: Just because it is an unsecured claim does not mean that it should be ignored. Review all claims for inappropriate violations and disclosure of personal identifiers! Keep track of serial violators for possible use in future requests for contempt and sanctions. With all of the emphasis these days on transparency and the requirement for more and more information...

Members

NCLC Seeks Signers Urging Foreclosure Pause When HAF Applied For

The Academy

January 16, 2022

NCLC seeking non-profit organizations to sign two letters (one to the CFPB and one to FHFA, FHA, VA, and USDA) urging the agencies to require servicers to pause foreclosure activity for at least 60 days after being notified that a borrower has applied for HAF assistance and meets conditional program eligibility. We ask organizations to sign both letters, and the...

U.S. Trustee Program to Implement Virtual Section 341 Meetings of Creditors Nationwide

The Academy

September 3, 2023

These virtual 341 meetings via Zoom will be implemented on a rolling basis through early 2024.

Critical Case Comment – You Gotta Tell SOMEBODY!

Henry E. Hildebrand, III

December 18, 2022

Where a debtor fails to disclose to the Court or the trustee a forbearance on his mortgage that he was to pay directly, the Court would grant the trustee’s motion to modify to recapture as much as possible of the surplus funds the forbearance generated. (Kenney) In re Ilyev, 2022 WL 2965029 (Bankr. E.D. Va. July 26, 2022) Case Summary...

Members

These Summer Activities Can Affect Next Year’s Tax Returns

August 11, 2019

Summertime activities often affect the tax returns people file the following year. Here are some things taxpayers do during the summer along with tips they should consider now: Getting married. Newlyweds should report any name change to the Social Security Administration. They should also report an address change to the United States Postal Service, their employers, and the IRS. This...

2019 Legislation Affecting Bankruptcy Practice – Part VI

December 8, 2019

By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN) Part VI Two Things Debtors Should Know About the Small Business Reorganization Act of 2019 (SBRA), Including a Primer on Chapter 11 Confirmation Introduction This series focuses on four bankruptcy-related bills that were enacted during the 116th Congress and signed into law on August 23, 2019.1 One bill, the Small...

Members

Herb Beskin – A Proclamation

Angela M. Scolforo

October 22, 2023

Upon this auspicious occasion, seeing before us this eloquence of attorneys, let us recount the mighty deeds of one Herbert Lee Beskin. WHEREAS, Herbert was born and began his legal career in the last century (or we presume); and WHEREAS, a double Hoo, Herbert graduated from the University of Virginia with a B.A. in 1972, and stayed in Charlottesville to...