From the Editor

From the Editor – Eligibility

By The Honorable William Houston Brown (Retired)

Debts for which in personam liability was discharged in prior Chapter 7 are not counted in unsecured limit for Chapter 13 eligibility. The debtors received Chapter 7 discharge and then filed for Chapter 13, with the intention of stripping off two junior liens on their residence. The Bankruptcy Appellate Panel found In re Shenas, 2011 WL 3236182 (Bankr. N.D. Cal. 2011), persuasive, holding that debts that had been discharged in the prior Chapter 7 and on which the debtors had no in personam . . .

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

Or Sign In Below:

Username or E-mail:

No Author Biography has been linked to this Article.

Related Articles

First Principles for First Meetings

October 11, 2020

By Cathy Moran, Esq. (Redwood City, CA) Once again, I sat in a 341 meeting where the trustee’s representative purported to deliver vital information to the assembled debtors. She had a captive audience of anxious listeners. She had ostensible power of life and death over their financial future. They needed to know what she had to say. But as communication,...

View Article

Members

From the Editor – Fair Debt Collection Practices Act

February 2, 2020

By The Honorable William Houston Brown (Retired) Class action certification on predominance. The Eleventh Circuit remanded, finding that the District Court had abused its discretion in refusing to certify a class on a predominance theory for former debtors who had obtained discharge of personal liability on residential mortgages and who asserted violations of the FDCPA by a loan servicer. The...

View Article

Members

The Complex World of Interspousal Claims in Bankruptcy

Cathy Moran

May 1, 2022

Traps and grey areas abound when one spouse files bankruptcy during or after a divorce. Inattention by the non-filing spouse can result in the bankruptcy discharge of spousal claims that might actually be nondischargeable. One of those traps involves the differing treatment in bankruptcy of debts to a former spouse incurred in the course of a divorce (Bankruptcy Code §523(a)15))...

View Article

Members

Stop and Smell the . . . Well, Corn

August 4, 2019

By Jan Hamilton, Standing Chapter 13 Trustee (Topeka, KS) I just got back from RAGBRAI, which is a bicycle ride across Iowa. This year, it was 468 miles, with lots and lots of hills. (Biking Across Kansas was over 500 miles this year.) Such beautiful country. Estimates vary on actual number of riders, but anywhere from 16,000 to 20,000. Iowa...

View Article

The Chapter 13 Business Model

February 21, 2021

By John M. Hauber, Chapter 13 Standing Trustee (Indianapolis, IN) I have recently written an article for the NACTT Quarterly, that may or may not be published at the time of this writing, which is simply a stream-of-conscious style response to Senator Elizabeth Warren’s desire to modify the Bankruptcy Code based upon her perception that debtors’ attorneys get rich off...

View Article

The Hanging Paragraph – Hanging on Every Word Part 1 of 4

June 14, 2020

By Anthony J. Gomez, CPA, former extern to the Honorable John P. Gustafson, Northern District of Ohio at Toledo I. Cramdown Pursuant to 11 U.S.C. §1325(a)(5)(B) Section 1325(a) sets forth the requirements for a court to confirm a chapter 13 bankruptcy plan. In respect to each secured claim provided for in a plan, 11 U.S.C. §1325(a)(5) provides the following three...

View Article

Members

From the Editor

March 31, 2019

By Wm. Houston Brown, United States Bankruptcy Judge (Retired) Debtor’s Attorney - Suspension of firm upheld. The District court affirmed the 90-day suspension of Law Solutions Chicago, LLC (d/b/a UpRight Law, LLC), with the record supporting the bankruptcy court’s findings that the firm failed to adequately represent the debtor in a “simple” consumer case. Disgorgement of fees was appropriate under...

View Article

Members

Critical Case Comment–Tardy Filed Stay Extension: Too Bad Too Sad

Henry E. Hildebrand, III

January 7, 2024

Court lacks authority to extend stay in a case with a one-time repeat filer within a year of the previous case especially where the matter is tardily raised.

View Article

Members

Do I Really Have to Tell the Trustee About Newly Acquired Assets?

Herbert L. Beskin

January 9, 2022

It has long been a vexing question for Trustees and attorneys alike: do Debtors have to disclose assets acquired post-petition? In a lengthy and well-documented opinion, Chief Bankruptcy Court Judge John Waites of South Carolina has presented his take on this issue and concluded, with some important exceptions, that they do not. The case is In re Thomas L. Boyd,...

View Article

Members

Retirement of the Honorable Guy R. Humphrey

The Academy

February 18, 2024

Retirement of the Honorable Guy R. Humphrey

View Article

From the Editor – Eligibility

Link to Post:

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

Or Sign In Below:

Related Articles

First Principles for First Meetings

From the Editor – Fair Debt Collection Practices Act

The Complex World of Interspousal Claims in Bankruptcy

Stop and Smell the . . . Well, Corn

The Chapter 13 Business Model

The Hanging Paragraph – Hanging on Every Word Part 1 of 4

Critical Case Comment–Tardy Filed Stay Extension: Too Bad Too Sad

Do I Really Have to Tell the Trustee About Newly Acquired Assets?

Retirement of the Honorable Guy R. Humphrey

Academy

Members

Website

Legal

Looking to Become a Member?

Webinars

Member Articles

Industry News

To get started, please let us know which of these best fits your current position: