From the Editor – Chapter 7 Issues • NACTT Academy

From the Editor – Chapter 7 Issues

By The Honorable William Houston Brown (Retired)

Priority Claims: Payment of priority, nondischargeable tax did not subrogate debtors to rights of tax authority. In their schedules, the Chapter 7 debtors admitted liability for prepetition sales and withholding taxes, which fell within § 507(a)(8)(C) and § 523(a)(1)(A)’s exception from discharge. The case administration continued after the grant of discharge, and the debtors had negotiated with the state an amount of nondischargeable taxes, which they had substantially paid. The debtors then sought reimbursement from the trustee of their tax payments, but adopting the . . .

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Wholly Unsecured Junior Liens in Chapter 13: The Lien Strip Dance

Michael B. Joseph

March 10, 2024

“ . . . practice and procedure accomplishing the lien strip have been slow to evolve since 2017. . . . in the jurisdictions that opted out of usage of the Form 113 Plan, multiple iterations for lien stripping and release are found.”

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Constitutional Interpretation and State Bankruptcy Laws: Chief Justice Marshall on Sturges v. Crowninshield (1819)

M. Jonathan Hayes

March 31, 2024

Launching a new feature - Supreme Court Corner - Jon Hayes will periodically share a look at a historical bankruptcy case. As the title indicates, Sturges v. Crowninshield looks at state bankruptcy law in the absence of federal law.

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Critical Case Comment

July 26, 2020

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville) Chapter 13 debtor may include a provision in the Chapter 13 plan that only estimates the duration of the plan and, absent an objection, such provision would cause the debtor’s plan to terminate and the debtor receive a discharge when the claims have been...

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Per Capita Bankruptcy Filings Heat Map

November 24, 2019

____________________________ Prior to his appointment as a bankruptcy judge for the District of Utah in September of 2015, Judge Anderson served for seventeen years as the Standing Chapter 13 Trustee for the District of Utah. During this time, he administered over 70,000 Chapter 13 cases. Judge Anderson was elected president of the National Association of Chapter 13 Trustees (NACTT), and...

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Chapter 12 and Act2/Conference Update

August 18, 2019

By Rebecca Garcia and Jan Sensenich, Chapters 12 and 13 Standing Trustees The Association of Chapter 12 Trustees (ACT2) had a wonderful day and a half conference in advance of the NACTT Seminar on July 15 and 16 in Indianapolis. In addition to Trustee participants, we had judges, debtors, and creditors counsel and representatives attend and participate. We kicked off...

Assumption of Auto Lease in Chapter 7 Requires No Court Approval Says the 9th Circuit: In re Bobka

May 9, 2021

By Matthew D. Resnik, Resnik Hayes Moradi, LLP (Encino, CA) In Bobka v. Toyota Motor Credit Corporation (In re Bobka), 968 F.3d 946 (9th Cir. August, 2020), the chapter 7 debtor wanted to retain her leased Toyota. Toyota sent her an "assumption agreement" which she signed and returned to Toyota the day before she received her discharge. By then she...

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Creditors’ Rights and Debtors’ Protections at the Intersection of Consumer Bankruptcy and UCC Article 9

January 17, 2021

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN) PART VII – CONSUMER CREDITORS' PENALTIES FOR VIOLATIONS OF FORECLOSURE AND OTHER ARTICLE 9 RULES Introduction In this space, we have looked at numerous topics involving the operation of Article 9 of the Uniform Commercial Code (UCC) in bankruptcy; in the current series, we are reviewing Article 9's important rules...

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Retirement of the Honorable John E. Hoffman, Jr., Chief Judge

The Academy

February 18, 2024

Retirement of the Honorable John E. Hoffman, Jr., Chief Judge

Supreme Court Grants Certiorari in City of Chicago v. Fulton

December 22, 2019

By William Houston Brown, Editor/Adviser, Academy for Consumer Bankruptcy Education On December 18, 2019, the Supreme Court granted the City of Chicago’s petition for certiorari, 2019 WL 6880702, from the decision of the Seventh Circuit at 926 F.3d 916 (7th Cir. June 19, 2019). The Seventh Circuit’s decision was analyzed in a prior article on this website. In its decision,...

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Character Counts

Merideth Akers

November 6, 2022

“Does wearing these horizontal stripes make me look fat?” My wife, Becky, tells me that clothes with horizontal stripes make one look broad or fat. However, wearing clothes with vertical stripes create the illusion of making one look tall or slim. Smart fashion designers design clothing that creates the illusion that people are something they are not. I must confess...