Another Arrow in the Quiver of the “Less Than Honest Debtor”?

By Academy Staff

Any attorney who has practiced in the Bankruptcy arena for any length of time has encountered the concept of “converting” non-exempt assets into exempt assets. The concept is fairly clear – a person owns an asset for which there is no allowable exemption. The person, usually after meeting with bankruptcy counsel, sells or liquidates the asset, and uses the proceeds to purchase a different, fully exemptible asset. The person then files bankruptcy, claims the asset as exempt, and emerges at the end of the case with an asset the equivalent value of which would, but . . .

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From the Editor – Dismissal

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By The Honorable William Houston Brown (Retired) Chapter 13 debtor had absolute right to dismiss. Facing a contested confirmation hearing, the debtor moved to dismiss the case, and his estranged spouse objected. Concluding that § 1307(b) provides an absolute right to dismiss a case that had not been previously converted, the court posed questions about whether there should be limits...

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Attorney Gueck-Townsend provides readers with a primer on evidence needed to prove losses.

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By James M. Davis, Staff Attorney to Chapter 13 Standing Trustee Henry E. Hildebrand, III (Nashville, TN) Bankruptcy Courts take determinations from the Supreme Court seriously. And rightfully so. But sometimes, some bankruptcy courts are guilty of reading too much into the Court’s statements. The latest example is the soul searching around “nunc pro tunc” (“now for then”) orders. Earlier...

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Critical Case Comment

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The NACTT Emeritus Trustees

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