From the Editor - Automatic Stay • NACTT Academy

From the Editor – Automatic Stay

By The Honorable William Houston Brown (Retired)

Effect of defective mailing address. Discussing the presumption of receipt of mailed notice of the bankruptcy filing, the court discussed the factors to consider when there was a defect in the address. The address used by the debtor was to the correct street address but contained no suite or floor number, and the address was an office building with 100 other companies. With a weakened presumption of delivery, the testimony of the creditor established that the notice was not delivered, and stay was annulled to retroactively validate foreclosure, in . . .

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Rules, Means-Test Amounts and Miscellaneous Fees: Changes Wrap Up 2020

November 15, 2020

Lawrence R. Ahern, III Brown & Ahern Nashville, Tennessee Appendix C Bankruptcy Court Miscellaneous Fee Schedule (28 U.S.C § 1930) Effective December 1, 2020 Description Current Fee Adjusted Fee Exemplification $22 $23 Reproduction of audio recording of court proceeding $31 $32 Filing amendment to debtor's schedules $31 $32 Search fee $31 $32 Filing any document that is not related to...

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Duty to Update Trustee Regarding Changes Post-Plan Confirmation

Daryl J. Smith

April 23, 2023

Is there a duty to inform the trustee about changes post-plan confirmation? Yes. There is an inherent duty for the consumer debtor to update the trustee on any and all material changes, particularly windfalls, post plan confirmation. In a very recent case, In Re Robinson, the United States Trustee moved to dismiss debtor’s chapter 13 case because the debtor received...

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NCLC Seeks Signers Urging Foreclosure Pause When HAF Applied For

The Academy

January 16, 2022

NCLC seeking non-profit organizations to sign two letters (one to the CFPB and one to FHFA, FHA, VA, and USDA) urging the agencies to require servicers to pause foreclosure activity for at least 60 days after being notified that a borrower has applied for HAF assistance and meets conditional program eligibility. We ask organizations to sign both letters, and the...

Important Research Survey

The Academy

December 10, 2023

As a professional in an occupation that may often interface with people handling life disruptions (e.g., divorce/separation, unemployment, mortgage foreclosure) you are being asked to participate in a study being conducted by the University of Southern California.

From the Editor – Discharge Injunction

March 14, 2021

By The Honorable William Houston Brown (Retired) Section 524(i) applies only to long-term debts not discharged through plan. Whether § 524(i) applied to short-term secured debts that are paid in full and discharged through a Chapter 13 plan was a matter of first impression, with the Court finding no other court had yet decided precise question. Factors used in Supreme...

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Ask Ms. Ps & Qs

Nancy B. Rapoport

August 7, 2022

Dear Readers: When a judge issues a 28-page opinion sanctioning a lawyer, usually that means that the lawyer has done so many things wrong that he or she has caused the judge to roll up his or her respective sleeves (probably shirt-sleeves, although the image of robe-sleeves also works for me) to deal with the mess. And in Shiheiber v....

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Meet the Newest Trustee

February 16, 2020

Although she steps into very large shoes, Julie Philippi is a welcome addition to the Chapter 13 Trustee fraternity. Ms. Philippi was appointed as the Chapter 13 Standing Trustee for the Western District of New York on January 1, 2020. Those large shoes were left by retiring NACTT icon, Albert Mogavero. “Al” served as Standing Trustee for 42 years (yep,...

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Is This Corporation Really Separate from Its Owners: A Checklist

Cathy Moran

October 1, 2023

In a perfectly executed world, clients who do business via an entity like a corporation or LLC would arrive with their business lives neatly separated from their personal lives. However, that’s not the world I practice in. It’s probably not yours, either. Instead, I have to sleuth out the facts, and compare them to the individual’s version. I see prospective...

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Escrow 102 – Part 2 of 4

October 3, 2021

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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Appointment of Deb Miller

The Academy

April 2, 2023

It is our distinct honor to inform you that Acting U.S. Trustee Paul Randolph has selected Debra L. Miller as the next Standing Chapter 13 Trustee for the Eastern District of Tennessee (Northern and Northeastern Divisions). Ms. Miller has served as a Standing Chapter 13 Trustee in the Northern District of Indiana since 2000. Her wealth of experience will allow...