From the Editor - Discharge Injunction • NACTT Academy

From the Editor – Discharge Injunction

By The Honorable William Houston Brown (Retired)

Filing proof of claim in Chapter 13 violated discharge injunction in prior Chapter 7. Affirming in part the bankruptcy court’s decision, the creditor violated the discharge injunction in a prior Chapter 7 case by filing a proof of claim for the discharged debt in a subsequent Chapter 13. The discharged debt was a deficiency on a mobile home contract, and when the Chapter 13 case was filed, Green Tree was not listed as a creditor but it filed a proof of claim for the deficiency debt, resulting in . . .

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 – Fourth Circuit Says Easy-Peasy

Henry E. Hildebrand, III

September 24, 2023

In calculating projected disposable income, 13 debtor may deduct entire mortgage payment notwithstanding amount exceeds the housing allowance as established by the IRS Financial Standards Allowance.

Members

The Hanging Paragraph – Hanging on Every Word Part 3 of 4

June 28, 2020

By Anthony J. Gomez, CPA, former extern to the Honorable John P. Gustafson, Northern District of Ohio at Toledo Click here for Part 1 Click here for Part 2 IV. The Hanging Paragraph’s effect on Interest Rates When the hanging paragraph is applicable, creditors are entitled to the full value of their secured claims as . . . It looks...

Members

CARES Act Financial Hardship ‘Laundry List’

April 5, 2020

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN) During the free Academy webinar The CARES Act – Impacts on Chapter 13 on April 2, 2020, the panel – Judge Wm. Houston Brown (Retired), Amanda DeBerry and I – referred to the importance of detailing the reasons for modifications or suspensions to be related to financial hardship stemming...

Members

From the Editor – Confirmation

March 8, 2020

By The Honorable William Houston Brown (Retired) Good faith in plan proposal. Plan was proposed in good faith, although petition was filed only 21 days after purchase of vehicle, when plan adequately protected creditor against risk of depreciation. Opinion reviews good faith factors for plan proposal. In re Sharp, 608 B.R. 546 (Bankr. D. Kan. 2019). Compare In re Broder,...

Members

Six Things Taxpayers Should Know About the Sharing Economy and Their Taxes

May 5, 2019

From renting spare rooms and vacation homes to car rides or using a bike…name a service and it’s probably available through the sharing economy. Taxpayers who participate in the sharing economy can find helpful resources in the IRS Sharing Economy Tax Center on IRS.gov. It helps taxpayers understand how this activity affects their taxes. It also gives these taxpayers information...

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...

Reconversion to Chapter 13 – Betwixt and Between?

Michael B. Joseph

January 21, 2024

“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

Credit Scores Trend Upward After Bankruptcy

November 3, 2019

By Cathy Moran, Esq. (Redwood City, CA) After bankruptcy, credit scores go steadily up, says a 17 year study released by the Consumer Financial Protection Bureau. Got that? Go UP. Every year. Importantly, credit scores start improving the same year that the bankruptcy is filed. Think on that for a moment. How collectors stoke fears about bankruptcy Creditors and their...

Meet a Newish Trustee

January 24, 2021

On October 1, 2019, John G. Jansing was appointed Chapter 13 Standing Trustee for the Southern District of Ohio at Dayton. John took over from Jeff Kellner, who retired and moved to New Hampshire. John had some great mentors: Herb Beskin in Charlottesville, Marge Burks in Cincinnati and Faye English in Columbus. John toured Herb’s office in January 2020 and...

Think Beyond The Means Test

August 23, 2020

By Cathy Moran, Esq. (Redwood City, CA) It started as a means test question: could emergency medical expenses be deemed non consumer debt. It ended up as a step back to get the bigger picture. Well-seasoned bankruptcy counsel brought the fact pattern to a list serve of colleagues. The prospective debtors’ income in a small consulting corporation is declining, his...

Members