From the Editor – Dismissal • NACTT Academy

From the Editor – Dismissal

By The Honorable William Houston Brown (Retired)

Omission of material information supported dismissal. Cause for dismissal of the case was found in the debtor’s omission of material information in the schedules and statement of financial affairs. Although the debtor corrected omissions through various amendments, that was done only after being caught because of ex-wife’s motion. The omissions, coupled with manipulation of income and expenses, were evidence of bad faith. In re Bouchard, 560 B.R. 385 (Bankr. D. R.I. 2016). See also Paulson v. U.S. Trustee (In re . . .

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

Leaders Must Take Action to Halt Foreclosure Crisis for Minorities

August 23, 2020

NCLC’s Executive Director Rich Dubois and NAACP President and CEO Derrick Johnson are calling on Congress and federal regulators to take action to prevent an impending foreclosure crisis in communities of color, in an opinion editorial published yesterday in The Hill. The op-ed highlights how the cumulative impact of decades of housing policy discrimination on African American homeownership, coupled with...

View Article

We Love You Dan (“Stingray”) Brunner!!

October 1, 2023

Dan grew up in Spokane, Washington, and graduated from Gonzaga University in 1966 with a BA in political science. After finishing his undergraduate degree, Dan entered active duty in the United States Army. He was stationed in Korea from 1967 to 1968 where he commanded a HAWK missile battery. Dan retired from the United States Army in 1994 with the...

View Article

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

Ask Ms. Ps & Qs

Nancy B. Rapoport

June 4, 2023

Dear Readers: We’re now at the season where things go a bit wacky, and one thing that can go wacky has to do with people who are represented by counsel who want to talk with you. “Let’s cut out the middleman,” they think. After all, what harm could it be to save time? Plenty of harm, actually: Model Rule 4.2...

View Article

Members

When the Trustee Gets Subpoenaed

August 15, 2021

By Karin N. Amyx, Staff Attorney to Chapter 13 Trustee Carl Davis (Wichita, KS) Trustees possess a variety of sensitive information that could be useful to litigants in contract disputes, divorce and child custody matters, insurance litigation or criminal prosecution. Additionally, debtors, creditors or third parties may be interested in the trustee’s internal operating procedures or legal position on disputes...

View Article

Members

Rules, Means-Test Amounts and Miscellaneous Fees: Changes Wrap Up 2020

November 15, 2020

Lawrence R. Ahern, III Brown & Ahern Nashville, Tennessee Appendix A Federal Rules of Bankruptcy Procedure Amendments Effective December 1, 2020 The proposed rules and Committee notes are set forth below, with changes indicated by striking through deleted text and underlining new text. Rule 2002. Notices to Creditors, Equity Security Holders, Administrators in Foreign Proceedings, Persons Against Whom Provisional Relief...

View Article

Members

Meet a New Trustee

The Academy

October 15, 2023

(Yep, there are lots of them right now!!) Jennifer K. Cruseturner currently serves as a Chapter 13 Standing Trustee in the Western District of Tennessee, Western Division. After an extended retirement process for George Stevenson (he never could do anything in ‘normal’ fashion!), Jennifer was appointed as Stevenson’s successor on May 1, 2023. Jennifer graduated from Newcomb College of...

View Article

Brace & Beyond: Joint Tenancy & Transmutation

November 8, 2020

By Cathy Moran, Esq., Moran Law Group (Redwood City, CA) For Californians, the CA Supreme Court’s decision in Brace this summer upended our understanding of joint tenancy and community property. For decades, we “knew” that a property couldn’t be . . . It looks like you are not signed in or registered! This content is only available to members. Join...

View Article

Members

Employment Law Alphabet Soup

October 24, 2021

By Merideth Akers, CPA, PHR, Comptroller for Bradford W. Caraway (Birmingham, AL) I have taught Compensation and Benefits to candidates preparing to take the Professional in Human Resources certification exam. These two topics include a great amount of employment law. So, I know just enough about employment law to be scared… or maybe cautious is a better term. I am...

View Article

Members

After Chicago v Fulton: Not Only Cars – A Survey of Fulton Rulings and a Weakened Automatic Stay

Hale Andrew Antico

December 11, 2022

Intro: What is a Fulton ruling? When Chicago v Fulton (In re Fulton), 141 S Ct. 585 (Sup Ct, 2021) was first decided by the Supreme Court, there was a consensus among bankruptcy attorneys that the erosion of the automatic stay with regard to turnover was only about cars. That is, Fulton was a narrow ruling that was only about...

View Article

Members

From the Editor – Dismissal

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

Leaders Must Take Action to Halt Foreclosure Crisis for Minorities

We Love You Dan (“Stingray”) Brunner!!

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

Ask Ms. Ps & Qs

When the Trustee Gets Subpoenaed

Rules, Means-Test Amounts and Miscellaneous Fees: Changes Wrap Up 2020

Meet a New Trustee

Brace & Beyond: Joint Tenancy & Transmutation

Employment Law Alphabet Soup

After Chicago v Fulton: Not Only Cars – A Survey of Fulton Rulings and a Weakened Automatic Stay

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: