From the Editor - Claims • NACTT Academy

From the Editor – Claims

By The Honorable William Houston Brown (Retired)

Time-barred claim was not revived by debtor’s scheduling of claim. The Chapter 13 debtor scheduled a claim to LVNV Funding, LLC and did not list it as contingent, unliquidated or disputed, but when LVNV filed a proof of claim, disclosing that it was time barred, the debtor objected. LVNV responded that the debtor’s scheduling of the claim amounted to revival of the debt for collection, but the court concluded that under South Carolina law, scheduling did not constitute revival. Even if South Carolina law were not . . .

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Conflicting Interpretations: A Chapter 13 Trustee’s Compensation After Pre-Confirmation Dismissal or Conversion*Part 1 of 3

Brittani Bushman

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(Used with expressed permission from the MI Bankruptcy Journal and the Steven W. Rhodes Consumer Bankruptcy Conference) I. Introduction Although the Bankruptcy Code has been around for decades, bankruptcy courts continue to be faced with significant disputes regarding the interpretation of its provisions. An emerging issue that has gained traction in recent years involves the compensation of a chapter 13...

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From the Editor – Eligibility

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By The Honorable William Houston Brown (Retired) Disputed claim included in calculation of eligibility. The debtor’s case was dismissed for exceeding § 109(e)’s unsecured debt limit, when the debtor had signed $1,092,000 mortgage note but the mortgage was never recorded. The lender filed an unsecured claim for $1.7 million, and the Bankruptcy Appellate Panel agreed with the bankruptcy court that...

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For Shame

The Academy

June 25, 2023

Litigation Practice Group Lawsuits: 4 Cases to Know (This is the only free article we could find on Litigation Practice Group a/k/a Phoenix Law and disbarred Tony Diab. He has been disbarred from both Nevada and California.)

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By Cathy Moran, Esq., (Redwood City, CA) To actually effect abandonment of unadministered assets in a bankruptcy case, the asset in question must appear on Schedule A/B. That’s the hard teaching of Stevens v. Whitmore from the 9th Circuit BAP. A passing reference to an asset in the SOFA isn’t sufficient. Neither was the fact the trustee explicitly knew about...

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“ . . . 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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Remembrances of a Retired Trustee

October 6, 2019

By Mike Fitzgerald It has been almost one full year since I retired as the Chapter 13 Standing Trustee in Seattle. I am happy to report that my family and I are enjoying ourselves immensely. As retirement grows more comfortable, I find myself looking back with mostly very fond memories at the nineteen years I served as a Trustee, as...

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Bankruptcy Threshold Adjustment and Technical Corrections Act

Henry E. Hildebrand, III

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A new day is coming to high debt borrowers seeking to file Chapter 13 but confounded by the debt limits imposed by 11 U.S.C. § 109(e). Although debt limits have been increasing since the effective date of the Code in 1979, consumer debts have been increasing at a far more rapid rate. Starting in 2009, when the housing crisis first...

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IRS Issues Standard Mileage Rates For 2019

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