Welcome New Academy Member

Fresh out of law school, Samuel J. Dart found and joined the Academy. His father, also a consumer bankruptcy practitioner, pointed him toward ConsiderChapter13.org. Sam graduated in June with honors from Gonzaga University School of Law in Spokane, Washington. Along with a partner and as a second-year law student, Sam won the 78th Annual Linden Cup Appellate Advocacy Competition. “In a round that all seven justices commented was one of the best appellate moot court competition rounds they had judged.”

Sam completed his undergraduate, receiving a B.A. in English Literature, from Western Washington University. He graduated in 2010 manga cum laude which helped earn him the honor of commencement speaking.

In his short career, he has amassed quite a resume – serving as law clerk to Winston & Cashatt Lawyers P.S. in Spokane, WA; intern to the Law Firm of Shoemaker & Dart in Tacoma; and extern to The Honorable Frederick P. Corbitt at the United States Bankruptcy Court for the Eastern District of Washington.

In addition to his academic career, Sam is an avid outdoorsman, with a love for hiking and fly fishing. Prior to entering law school, he spent three months volunteering with the Southwest Conservation Corps on a wilderness trail crew. During this time he worked to build and maintain trails in Chaco Canyon and the San Juan wilderness.

Sam is also an avid cook with a passion for mastering the age-old art of charcoal barbequing. Indoors he is particular to Dutch oven cooking.

Next month Sam will begin serving Standing Chapter 13 Trustee David Howe in Tacoma, Washington, as a staff attorney. Welcome Sam!

No Author Biography has been linked to this Article.

Unscheduled Creditor May Not File a Late Proof of Claim

July 14, 2019

By Beverly M. Burden, Standing Chapter 13 Trustee (Lexington, KY) An unscheduled creditor without notice of the bankruptcy case was denied an extension of time to file a proof of claim pursuant to Bankruptcy Rule 3002(c)(6)(A) in a recent opinion from the Eastern District of Kentucky. In the case of In re Fryman,1 the debtor did not include creditor Kentucky...

Members

Negotiating Plan Confirmation with Secured Creditors – Issues Involving Balloon Payments and Other Mortgage Loans Subject to Modification Under § 1322(c) – Part 2 of 3

November 15, 2020

By David Cox,1 Cox Law Group, PLLC (Lynchburg, VA) Click here for Part 1 II. Dealing With Balloon, Short Term and Related Mortgage Secured Claims Under §§ 1322(c)(2) And 1325(a)(5). § 1322(c)(2) provides that: “Notwithstanding subsection (b)(2) and applicable nonbankruptcy law . . . It looks like you are not signed in or registered! This content is only available to...

Members

Small Business Reorganization Act…(“SBRA”) H.R. 3311 – Part Two

September 22, 2019

By Jan Hamilton, Chapter 13 Standing Trustee (Topeka, KS) I. The Plan1 A. Notions to Consider before the Plan is Filed… Time for Filing of the Plan. No later than 90 days after the filing of the case, the debtor is required to file a plan, unless the court extends the time if the “need is attributable to circumstances for...

Members

Critical Case Comment

December 27, 2020

By Henry E. Hildebrand, III, Chapter 13 Trustee for the Middle District of Tennessee (Nashville) Section 506(d) does not allow the voiding of a lien when the underlying claim, filed by the debtor, has been disallowed; when notice is provided to a corporation it must be addressed to the individual who holds the office of an officer, manager, or general...

Members

Critical Case Comment – Nothing Requires a Plan to Provide for All Secured Claims

Henry E. Hildebrand, III

December 12, 2021

If a Chapter 13 plan makes no provision for a mortgage obligation, omits any treatment of the mortgage claims, and prohibits the Trustee from making disbursements toward the claims, the claims are not provided for by the plan and the plan can be confirmed over the objection of the creditor and the trustee; nothing requires a plan to provide for...

Members

Sanctions in South Carolina

Ashley Baxter Curry

December 12, 2021

In a recent case out of South Carolina, rather than a debtor seeking sanctions against a creditor, it was the creditor’s counsel who sought sanctions against counsel for a Chapter 13 debtor in an adversary proceeding. Ruling on a Motion for Sanctions in James Defoe v. Winyah Surgical Specialists, P.A. doing business as Winyah Surgical Specialists (In re Defoe), 632...

Members

Planning for Attorney Disability or Death

Pat E. Morgenstern-Clarren

November 26, 2023

Although this article was originally published in 2009, Judge Morgenstern-Clarren took a fresh look just this week. It is just as relevant today as the day she first wrote it

Members

Automatic Stay Denial of Stay Relief was Final and Appealable, Although It Was “Without Prejudice.”

The Honorable William Houston Brown

April 10, 2022

Selected Consumer Opinions Since January 1, 2022 Automatic Stay Denial of stay relief was final and appealable, although it was “without prejudice.”Deciding an issue not addressed in Ritzen Grp., Inc. v. Jackson Masonry, LLC, 140 S.Ct. 582 (2020), the Ninth Circuit concluded that the bankruptcy court’s order denying stay relief was final and appealable, despite its “without prejudice” language, because...

Members

We Love You Dan (“Stingray”) Brunner!!

October 1, 2023

Dan grew up in Spokane, Washington, and graduated from Gonzaga University in 1966 with a BA in political science. After finishing his undergraduate degree, Dan entered active duty in the United States Army. He was stationed in Korea from 1967 to 1968 where he commanded a HAWK missile battery. Dan retired from the United States Army in 1994 with the...

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...