From the Editor – Automatic Stay • NACTT Academy

From the Editor – Automatic Stay

By The Honorable William Houston Brown (Retired)

Section 362(k)(1) damages include attorney fees for prosecuting and defending damage action on appeal. The Eleventh Circuit concluded that under §362(k)(1)’s broad provision for recovery of “actual damages, including costs and attorneys’ fees,” nothing in the statute limited the scope of attorneys’ fees solely to ending the stay violation. Agreeing with In re Schwartz-Tallard, 803 F.3d 1095 (9th Cir. 2015), enbanc, the Circuit panel held that fees incurred in prosecuting damages for a stay violationand in defending that . . .

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From the Editor – Dismissal

August 2, 2020

By The Honorable William Houston Brown (Retired) Dismissal with 180-day bar affirmed. The debtors had filed eight Chapter 13 cases over eight years, with each dismissed, and in 2019 the spouses filed three more cases. A mortgage creditor moved for relief from the automatic stay and dismissal in each of the cases. The cases were dismissed with a 180-day bar...

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Bankruptcy Conversion and Exemption Objection Deadlines

Hale Andrew Antico

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Does a converted bankruptcy case restart the deadline for objections to exemptions? This is one of those articles that makes subscription to ConsiderChapter13.org “worth the price of admission”!

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Meet a New Trustee

The Academy

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Daryl J. Smith, Esq., was appointed as the Chapter 13 Standing Trustee for the Western District of Louisiana on October 1, 2023. Smith’s office is in Shreveport, Louisiana.

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Meet A Newish Trustee

July 28, 2019

Tiffany M. Cornejo was appointed as the Chapter 13 Standing Trustee for the District of New Mexico on December 1, 2017. She took the reins from retiring Kelley Skehen. Ms. Cornejo received her Bachelor of Science in Journalism (B.S.J.) degree at the University of Kansas in Lawrence in 2002 and remained there to obtain her Juris Doctor in 2005. She...

Critical Case Comment – No Approval No Pay

Henry E. Hildebrand, III

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It is incumbent upon nonbankruptcy attorneys, including personal injury attorneys, to verify on PACER that their client is not a debtor and that the cause of action as to which they represent their client is not property of the estate; failure to obtain approval of the bankruptcy court for representing a debtor or settlement of a personal injury action is...

Tax Projections and the Means Test

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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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Delaware Trustee Michael Joseph to Retire

Paul Chael

March 13, 2022

The debtors will miss him. The creditors will miss him. Even more, his colleagues will miss him. Michael Joseph has served as the Chapter 13 Trustee in Delaware since 1987. He is retiring March 31, 2022. He has served with competence and excellence. The debtors will miss him because he treated them with dignity and compassion. The creditors knew they...

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Tax Form 1099 Needs A Closer Look: Chances Are It’s Wrong

April 14, 2019

By William J. Purdy, III, Simmons & Purdy (Soquel, CA) Hundreds of thousands of taxpayers in the past few weeks have looked at or at least thought about, Form 1099-A or Form 1099-C documents they have received. Some arrived in the tax year a debt was allegedly cancelled. Others are issued by financial instructions many years after they should have...

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Bankruptcy Threshold Adjustment and Technical Corrections Act

Henry E. Hildebrand, III

June 12, 2022

A new day is coming to high debt borrowers seeking to file Chapter 13 but confounded by the debt limits imposed by 11 U.S.C. § 109(e). Although debt limits have been increasing since the effective date of the Code in 1979, consumer debts have been increasing at a far more rapid rate. Starting in 2009, when the housing crisis first...

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Meet Another New Trustee

March 8, 2020

Rebecca A. (Becky) Herr was appointed Chapter 13 Standing Trustee for the District of Maryland on October 1, 2019 and maintains her offices in Annapolis. Ms. Herr’s appointment came on the heels of the retirement of Chapter 13 Standing Trustee Nancy Spencer-Grigsby. But Herr is no stranger to NACTT, The Academy, and the Chapter 13 Trustee community. So, let’s start...

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