From the Editor’s Desk – Priority Claims • NACTT Academy

From the Editor’s Desk – Priority Claims

By The Honorable William Houston Brown (Retired)

Periodic alimony is domestic support obligation. The debtor filed an adversary proceeding contesting that his obligations under a divorce settlement were domestic support obligations. The portion of the obligation that was called periodic alimony was a domestic support obligation, which the debtor had treated as alimony deductions on tax returns. Moreover, that obligation met the factors, beyond merely the label in the settlement agreement, found in In re Benson, 441 Fed.Appx. 650 (11th Cir. 2011), and that obligation was a priority claim. However, another obligation to . . .

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Critical Case Comment – What About a Zero Value Junior Lien?

Henry E. Hildebrand, III

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Bankruptcy Court has authority to compel implementation of a confirmed Chapter 13 plan which, at its end required the release of a junior lien which had been given no value; attorney’s fees would be awarded to debtors’ counsel for pursuing the release.

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What to Do with the Dreaded Timeshare?

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By Karin N. Amyx, Staff Attorney to the Trustee Carl Davis (Wichita, KS) To me, the word “timeshare” conjures up images of a dark conference room at a resort hotel where unwitting tourists are being goaded into signing usury contracts in exchange for a free meal ticket at the buffet. But what is a timeshare? And how do you deal...

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

February 3, 2019

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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By M. Jonathan Hayes, Resnik Hayes Moradi LLP (Los Angeles, CA) (Reprinted with permission. Originally published by the Los Angeles Daily Journal on May 20, 2021) We have been getting a lot of calls recently as you might expect from distressed small businesses. The “free” government money is starting to run out and panic is setting in. The potential client...

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Department of Justice Guidance on Discharging Federal Student Loans in Bankruptcy Expanded to Include FFEL and Perkins Loans

Scott Waterman, Josh Cohen

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“FFEL and Perkins loans are different than other federally backed student loans as these are owned by private lenders, but guaranteed by the government.”

Quick Tips to Make You a PowerPoint Master – Effective Use of PowerPoint

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By Honorable Cynthia Norton & Honorable Kevin R. Anderson Create a Master Slide Template: Create a custom slide template that you can use each time you produce a new PowerPoint presentation (in PowerPoint, click View and then Slide Master). This avoids "reinventing the wheel" each time. In creating your Master Slide, use complimentary and contrasting colors to maximize readability. I...

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Parker, HOA, and Sanctions – Multiple Thrills to a Bankruptcy Lawyer’s Heart

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By Cathy Moran, Esq., (Redwood City, CA) I don't know just what makes Parker such a treat for me, but it delivers multiple thrills to my bankruptcy lawyer heart. It's a stay violation case with a BIG sanctions award. It's a clearly, simply written opinion that lays out the circuit law on multiple issues. It hits hard at HOA hubris....

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A Salute to the Consumer Litigation Five Star General

Keith D. Slocum

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Consumer law attorney, mentor and educator, Oliver Max Gardner III recently announced that he is retiring. His passion, diligent research and unmatched expertise has served as a north star in consumer law for so many of us. From building a community of like-minded enthusiasts through the renowned Bankruptcy Boot Camp and cultivating an army of consumer litigators to fiercely defending...

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By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN) Exemptions in consumer cases have always presented difficult problems for practitioners and trustees. In a bow to states’ rights, the Bankruptcy Act of 1898 deferred to exemptions created by state law. When BAPCPA was enacted in 2005, Congress continued the practice of allowing each state to “opt out” of...

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“How Long, O Lord?”

November 29, 2020

By Angela M. Scolforo, Staff Attorney to Herbert L. Beskin, Chapter 13 Trustee for the Western District of Virginia “How long?” is a common plea. When my children were young and we travelled they would ask, “how long before we get there?” In scripture we find David, Habakkuk and Zechariah (none of whom were Debtors’ attorneys) all crying out, “how...

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