By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville) In calculating an above-median income debtor’s projected disposable income, the court may deduct from the debtor’s current monthly income only the expenses as listed in the IRS manual and not the debtor’s actual expenses. (Taylor) In re Rodriguez, 520 B.R. 94 (B.A.P. 9th Cir....

By The Honorable William Houston Brown (Retired) Claimant in proof of claim lacking prima facie validity was sanctioned. The proof of claim secured by the debtor’s residence failed to satisfy Rule 3001(c)(2)(C) requirements, including incomplete Form B 410A with no payment history. The claimant’s attempt to amend the claim on the eve of the contested objection to claim would defeat...

By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN) Introduction The Academy has focused at length on the Small Business Reorganization Act of 2019 (SBRA).1 SBRA deals on its face with a non-consumer topic, but it is of interest also to Chapter 12 and 13 trustees and debtors, creating a new, more debtor-friendly subchapter V of Chapter 11 for...

After the CARES Act’s 120-day moratorium on evictions ended, the Centers for Disease Control (“CDC”) extended the moratorium, with the CDC’s order based on authority under the Public Health Service Act of 1944. CDC stepped into the landlord-tenant arena to make and enforce regulations necessary to prevent spread of COVID-19, citing 42 U.S.C. § 264(a). Subsequent to CDC’s action, Congress...

How do you acknowledge such an accomplished man; especially one who is also the consummate gentleman; a man of integrity; a community leader; the sharer of wisdom and knowledge? Of course, you list his impressive biographical accomplishments. But you also think about his influence on you and others in your circle. You reach out to those you know who were...

By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN) Introduction This series has focused on the four bankruptcy-related bills that were enacted during the 116th Congress and signed into law on August 23, 2019. One bill, the Small Business Reorganization Act of 2019 (SBRA), became effective February 19, 2020. It appears in its entirety in Appendix B to this...

By John P. Gustafson, United States Bankruptcy Judge, Northern District of Ohio, Western Division Click here for Part 1 Click here for Part 2 C. What Post-Petition Assets Are Property . . . It looks like you are not signed in or registered! This content is only available to members. Join Now Or Sign In Below: Username or E-mail:

William F. Jaworski, Jr. - Bill - was appointed Chapter 13 Standing Trustee for the District of Delaware on April 1, 2022. Jaworski has very large shoes to fill as he is taking over for Michael Joseph upon his well-deserved retirement. Jaworski was born and raised in Buffalo, New York. As a hometown boy, he didn’t venture too far away...

Courts continue to wrestle with the issue of trustee fees in pre-confirmation dismissals. The Bankruptcy Court for the Northern District of Illinois has now weighed in in In re Johnson, 2023 WL 3406597 (Bankr. N.D. Il. 2023).  The facts are pretty typical.  Debtor filed for Chapter 13. After 8 months and 8 confirmation hearings, the Court granted Trustee’s request for...