Critical Case Comment– Absolute Right to Dismiss But Not the End of the Story

Although a Chapter 13 debtor has the absolute right to voluntarily dismiss her Chapter 13 case, even after a motion to convert is filed, the Court retains the rights to impose restrictions on the dismissal. (Waites) In re Brittany Frances Minogue, 2021 WL 4453589 (Bankr. D. S.C. September 29, 2021)

Summary

Brittany Minogue filed a voluntary petition under Chapter 13 on July 6, 2021. Minogue also filed schedules and statements which disclosed a somewhat confusing history of real property ownership in Myrtle Beach, South Carolina. She also disclosed ownership of a holding . . .

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Henry E. Hildebrand, III

Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville)

Henry E. Hildebrand, III has served as Standing Trustee for Chapter 13 matters in the Middle District of Tennessee since 1982 and as Standing Chapter 12 Trustee for that district since 1986. He also is of counsel to the Nashville law firm of Belcher Sykes Harrington, PLLC. Mr. Hildebrand graduated from Vanderbilt University and received his J.D. from the National Law Center of George Washington University. He is a fellow of the American College of Bankruptcy and the Nashville Bar Foundation. He is Board Certified in consumer bankruptcy law by the American Board of Certification and serves on its faculty committee. He is Chairman of the Legislative and Legal Affairs Committee for the National Association of Chapter 13 Trustees (NACTT). He is on the Board of Directors for the NACTT Academy for Consumer Bankruptcy Education, Inc. and is an adjunct faculty member for the Nashville School of Law and St. Johns University School of Law. In addition, he served as a commissioner to the American Bankruptcy Institute’s Commission on Consumer Bankruptcy.

Courts are Expanding the Protections of Bankruptcy Rule 3002.1

Debbie Langehennig, Cameron Kelly

October 9, 2022

As a prerequisite to a claim’s payment, Rule 3002.1 requires certain secured creditors to provide to the trustee and the debtor notice of the full value of the secured creditor’s claim, including any “fees, expenses, and charges” related to the claim. Two bankruptcy courts have demonstrated a willingness to expand the reach of Rule 3002.1’s noticing requirements. These courts generally...

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It Takes a Village

September 29, 2019

By Katherine B. Brewer, Esq. (Westerville, OH) One of the first things we focus on in law school (other than the Rule Against Perpetuities, which always brings back fond memories), is that our clients come first. We learn the complexities of the law, memorize rule statements, and read thousands of pages of case law in order to learn how best...

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Chapter 13 Trustee Duties, Powers, And Limitations – Part 5

November 1, 2020

By James J. Robinson, Chief United States Bankruptcy Judge, Northern District of Alabama Under what circumstances should the trustee object to claims (assuming a purpose would be served under § 707(a)(5))? Midland Funding, LLC v. Johnson, 137 S. Ct. 1407 (2017). This case centered around the debtor’s argument that a creditor violated the Fair Debt Collection Practices Act when it...

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IRS Attempting to Collect on Virtual Currency

July 28, 2019

IRS has begun sending letters to virtual currency owners advising them to pay back taxes, file amended returns; part of agency’s larger efforts. On July 26th, the IRS announced that it has begun sending letters to taxpayers with virtual currency transactions that potentially failed to report income and pay the resulting tax from virtual currency transactions or did not report...

Judicial Year in Review 2021: Part 4 Selected Cases under Parts VIII and IX of the Federal Rules of Bankruptcy Procedure

Lawrence R. Ahern, III

December 19, 2021

Introduction Following Part 1's review of the December 1, 2021 changes in the Federal Rules of Bankruptcy Procedure, Part 2 and

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Passive Retention: A Creditor’s Right or an Act to Exercise Control?

April 14, 2019

By John Andreasen and Patrick Lombardi, Law Students at the University of Illinois College of Law and Duberstein Moot Court Team Members Both consumers and businesses often depend on motor vehicles for their livelihood or, for consumers, access to health care, child care, or other essential services. A creditor’s repossession of a motor vehicle can turn into an existential crisis...

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Did Congress Mean What It Said in Section 1328(i)?

April 25, 2021

By Pardis Akhavan, Resnik Hayes Moradi LLP (Encino, CA) The bankruptcy court in In re Ritter, 2021 WL 864092 (Bkrtcy C.D. Cal, 2021)(J. Tighe),denied debtors’ motion for an immediate discharge under Section 1328(i) ruling that Congress apparently did not intend that a chapter 13 debtor who obtains a loan modification should also receive a discharge, on that basis alone at...

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Bankruptcy Protections Limited for Repeat Filers

January 13, 2019

By William H. Brown, Academy Editor & Advisor The First Circuit held that under § 362(c)(3)(A), upon the repeat filing by Chapter 7, 11 or 13 debtors within one year of dismissal of a prior pending case, the automatic stay terminates entirely on the 30th day after filing of the subsequent case as to the debtor, property of the debtor...

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Appendix – A Review of Residential Mortgage “Stripping,” Recent Developments and the Effect of 11 U.S.C. § 1111(b)

July 18, 2021

A Brief Summary of "Strip Down" and "Strip Off" Rules Lawrence R. Ahern, III Brown & Ahern Nashville, Tennessee Most Academy readers do not need an in-depth primer on lien-stripping, but this Appendix is designed to provide a high-level summary of the most important rules involved, as interpreted by the courts since enactment of the Bankruptcy Code and as affected...

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How Guarantors Can Escape Tax on Soured Debt

May 19, 2019

By Cathy Moran, Esq. (Redwood City, CA) and William J. Purdy, III, Simmons & Purdy (Soquel, CA) Ever guarantee the debt of another? Ever meet anyone who has? Chances are if you’re in business and the business is a C-corporation, an S-corporation, an LLC, or a partnership, when that business borrows money, the lender will require one or more persons...

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