From the Editor’s Desk – Automatic Stay • NACTT Academy

From the Editor’s Desk – Automatic Stay

By The Honorable William Houston Brown (Retired)

No stay relief to pursue dischargeable claim. The creditor’s prepetition state court actions for malpractice and negligence were dischargeable claims, and the creditor did not timely file a dischargeability complaint on fraud claim; therefore, there was no point in granting requested stay relief to pursue discharged debts. Chae v. Bennett (In re Bennett), 501 B.R. 93 (BAP 8th Cir. 2013).

Debtor wife bound by in rem relief in husband’s prior case. Applying § 362(d)(4), a properly recorded order granting in rem . . .

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The Effect of “Success” (Or the Lack of It) on Attorneys’ Fees

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From the Editor – Confirmation

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By The Honorable William Houston Brown (Retired) Equal monthly payments and attorney fees. The secured creditor objected to confirmation on basis that the plan improperly deferred its payments until debtor’s attorney fees were paid, and the District Court affirmed confirmation that delayed start of secured equal monthly payments for 21 months. The opinion examines three approaches to the issue: 1)...

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Senate Judiciary Committee Hearing on Student Loans and Act Introduced by Senators Durbin and Cornyn

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by William Houston Brown, Adviser, Academy for Consumer Bankruptcy Education, Inc. The Senate Judiciary Committee held a hearing on August 3, 2021, on student loans, and during the Committee hearing, Senator Durbin, Chair of the Committee, stated that he would be introducing an Act to amend student loan discharge provisions in the Bankruptcy Code. That Act was subsequently introduced by...

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Here’s What Taxpayers Should Consider When Determining If They Need to File

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As people prepare to file their taxes, there are things to consider. They will want to determine if they need to file and the best way to do so. For tax year 2018, all individual taxpayers will file using the new Form 1040. Forms 1040A and 1040EZ are no longer available. Taxpayers who previously filed these forms will now file...

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2022 Bankruptcy Procedure Year in Review: Revised Statute and Rules and Selected Cases Part 5 – Supreme Court Activity

Lawrence R. Ahern, III

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Introduction This series reviews developments in bankruptcy procedure during 2022. Amendments to 16 rules and one new rule took effect December 1, 2022. Many reflected changes necessitated by the Small Business Reorganization Act of 2019 (SBRA),1 and have been in place in the same or similar form on an interim basis since that legislation took effect.

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There is NO MORE Form 1040A or 1040EZ – Six New Schedules Some Taxpayers Will File with New Form 1040

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The 2018 Form 1040 replaces prior year Forms 1040, 1040A and 1040EZ. The 2018 Form 1040 uses a building-block approach that allows individuals to file only the schedules they need with their federal tax return. Many people will only need to file Form 1040 and no schedules. Electronic filers may not notice these changes as the tax software will automatically...

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By Peter Fessenden, Chapter 13 Standing Trustee, Retired September 30, 2017 (Portland, ME) To everything there is a season. There was a time to discover how little I knew about being a Chapter 13 trustee. There was a time to make mistakes. There was a time to address those mistakes. There was a time to solve problems. There was a...

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Escrow 102 – Part 4 of 4

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By Michael J. McCormick, Esq., McCalla Raymer Leibert Pierce, LLC (Roswell, GA) Escrow 101 - Part 1 Escrow 101 - Part 2 Escrow 101 - Part 3 Escrow 102 - Part 1

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