From the Editor – Automatic Stay • NACTT Academy

From the Editor – Automatic Stay

By The Honorable William Houston Brown (Retired)

Continuance of foreclosure sale did not violate stay. A prepetition foreclosure sale had been scheduled after default, and the Bankruptcy Appellate Panel observed that “’overwhelming weight of authority’ holds that continuing a foreclosure sale date in the manner provided by state law during the pendency of the automatic stay does not violate the automatic stay.” The Panel held that “’continuation,’ as used in § 326(a)(1) connotes an advancement of an action or proceeding. Continuing the foreclosure sale date from month to month in the manner prescribed by Rhode . . .

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By William Houston Brown, Adviser, Academy for Consumer Bankruptcy Education, Inc. and Lawrence R. Ahern, III, Brown and Ahern (Nashville, TN) In two February opinions, the Supreme Court addressed issues that appear in bankruptcy cases, one dealing with a common practice of entering nunc pro tunc orders and the other affecting determination of property rights under state law. In a...

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Lawrence R. Ahern, III

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From the IRS – Using Strong Password Is a Strong Defense Against Identity Thieves

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The Honorable William Houston Brown

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By The Honorable William Houston Brown (Retired) HAVEN Act applied to modification when plan was confirmed prior to Act becoming law. The debtor proposed a plan modification deleting from disposable income $1,789 monthly VA disability benefits. First concluding that the HAVEN Act was applicable law at time of this decision, nothing in the Act, its legislative history or the Official...

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