From the Editor - Eligibility • NACTT Academy

From the Editor – Eligibility

By The Honorable William Houston Brown (Retired)

Debt to FDIC was unliquidated. Denying the trustee’s motion to dismiss for exceeding the debt limit, the court found that a debt to FDIC was noncontingent but it was unliquidated; therefore, that debt was not counted for eligibility purposes under § 109(e). Litigation was still pending by FDIC against the debtor, a former officer and director or a failed bank. FDIC stated that damages could exceed $33 million, but the amount of the claim was not readily ascertainable by a simple computation. The value of the claim will . . .

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Five Things Trustees Should Know About the Small Business Reorganization Act of 2019

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By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN) Introduction Four bankruptcy-related bills were enacted during the 116th Congress and signed into law on August 23, 2019.1 The legislation affected both business and consumer cases. One bill, the Small Business Reorganization Act of 2019 (SBRA),2 deals on its face with a non-consumer topic. However, it will be of great...

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Neil Lloyd Enmark

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By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee Mortgage creditor may not withdraw a notice of fees, costs, and charges filed in a case after the supplement to the claim has been challenged without court approval; the allowance of such a notice will not be permitted where a state statute forbids it. Quicken...

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Hale Andrew Antico

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Cathy Moran

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Passing of the Honorable Randall L. Dunn

The Academy

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Retired United States Bankruptcy Judge Randall (Randy) Lawson Dunn, District of Oregon, died at home on June 7, 2023.

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The Academy

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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...

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By Cathy Moran, Esq. (Redwood City, CA) Mention tax calculations to a bankruptcy attorney and 7 out of 10 freeze on the spot. I'm not a tax attorney, they retort. That's right, but, if you are a bankruptcy attorney, that doesn't relieve you from knowing enough tax to get the means test right. Not to mention not giving up your...

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By Cathy Moran, Esq. (Redwood City, CA) The timeless questions asked by mankind include “why are we here“, “which came first ...” and “coffee or tea“. Bankruptcy lawyers wrestle with “which controls, b-22 or Schedules I and J“. Having argued and lost the Pak case when BAPCPA was new, and felt vindicated when

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