From the Editor – Automatic Stay • NACTT Academy

From the Editor – Automatic Stay

By The Honorable William Houston Brown (Retired)

Jurisdiction over in rem stay order. An in rem relief from stay order had been entered in the Chapter 13 case of a debtor unrelated to the current pro se Chapter 7 debtor, and the court had jurisdiction in that prior case over the property subject to the stay, pursuant to § 362(d)(4). The foreclosing credit or was entitled to rely on that in rem relief order and had no liability for alleged violation of the automatic stay in the current Chapter 7 case. The current debtor could . . .

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Critical Case Comment – Fair Discrimination: A Win/Win

Henry E. Hildebrand, III

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A Chapter 13 plan can be confirmed to pay a 100% dividend to unsecured creditors while maintaining payments to a student loan creditor as a long-term debt (which will not satisfy the student loan in the commitment period) without committing all available disposable income. (Mullin) In re Victoria Florita Durand-Day, 2022 WL 14938726 (Bankr. N.D. Tex. October 26, 2022) Case...

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The Academy

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