New Bankruptcy Judge Appointment

D. Sims Crawford was appointed as the Chapter 13 Standing Trustee for the United States Bankruptcy Court, Northern District of Alabama, Southern Division in 2004, after serving as the Trustee’s Staff Attorney for 7 years. Before that, he was engaged in the private practice of law in Birmingham, Alabama. He earned his B.A. from the University of Alabama and his J.D. from Cumberland School of Law. He served as Chair for the Bankruptcy & Commercial Law Section of the Birmingham Bar Association in 2007 and served on the Board of the Birmingham Bar Foundation in 2008-2009. Mr. Crawford currently serves as President of the National Association of Chapter 13 Trustees (NACTT), as well as a member of its Due Process Committee and Liaison Committee. He is on the Advisory Board for Epiq Systems, Inc., is certified as a Professional in Human Resources (PHR), is certified in Training and Development, and is a member of the American Bar Association. Mr. Crawford has been selected and approved to serve as a United States Bankruptcy Judge for the Northern District of Alabama beginning September 1, 2016 with a duty station in his home town of Birmingham, Alabama.

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Game Stop: Dismissals with Prejudice

Michael B. Joseph

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Faced with abusive and serial bankruptcy cases,courts have fashioned various sanctions to put a stop to gaming the system. The favored sanction of the majority of courts is to enter an order of dismissal with prejudice under Section 349(a) of the Bankruptcy Code that adds a condition prohibiting refiling another bankruptcy case for a set period of time. See Lundin...

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Comparison of Annual Change in Chapter 13 Case Filings During the Beginnings of the 2008 and the 2020 Recessions

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By The Honorable Kevin R. Anderson, United States Bankruptcy Court for the District of Utah Coming off the longest economic expansion in U.S. history, Chapter 13 filings were at their lowest levels since 2007. With the country entering a sudden and unanticipated recession in February of 2020, we expected to see Chapter 13 filing rates increase; however, the opposite occurred....

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

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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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Ask Ms. Ps & Qs

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By Professor Nancy Rapoport Dear Readers: I know, I know—I’ve been absent from this column for a while,1 but I’ve found a set of cases that intrigued me, so here goes. In several cases, bankruptcy courts here in Nevada have made it clear that lawyers should do a better job of proving up their fees (and proofreading them), especially when...

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When Life Backs Chapter 13 Debtors Into A Corner, § 1329 May Provide A Way Out Of Trouble And A Shorter Path To Discharge

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By Veronica D. Brown-Moseley, Boleman Law Firm, P.C. (Virginia Beach, VA) Many things can, and often do, change between the time debtors file a Chapter 13 bankruptcy petition and the end of their case. A variety of circumstances impact a debtor’s ability to afford their Chapter 13 plan payments, including but not limited to: medical problems, disability, loss of employment,...

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Chapter 13 –Success/Benefits & Everything in between

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By Robert S. Thomas, II,1 Chapter 13 Standing Trustee for the District of Maryland (Baltimore) All stakeholders strive to make the Chapter 13 program efficient and beneficial to all parties. The Chapter 13 program has evolved over the years to better serve debtors and creditors. This is due in part because of the remarkable actions taken daily by our Bankruptcy...

How to Manage Unprofessional and Discourteous Attorneys

The NACTT Emeritus Trustees

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Many have had the unpleasant experience of coping with an ill-mannered and disrespectful opposing counsel. Unnecessary motions are filed and unfounded allegations are asserted. Relief requested has no basis in fact or law. Temperatures rise. The volume of argument is loud. Your staff and you are upset. What to do?We asked the Emeritus Trustees and here are some recommendations: First,...

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Keep Calm and Carry On – Observations Regarding CBRA

Henry E. Hildebrand, III

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First, breathe deep and try to relax. The Antitrust, Commercial and Administrative House Subcommittee of the House Judiciary Committee, with minimal notice, set an oversight hearing for September 29, 2022. The subcommittee is charged to deal with matters relating to bankruptcy. The subject of the hearing was to be the “Oversight of the Bankruptcy Code, Part 2: Ensuring a Fresh...

Passing of Affable, Humanitarian Trustee

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By Dynele Schinker-Kuharich, Chapter 13 Standing Trustee (Canton, OH) On Thursday, September 16, 2021, the bankruptcy community lost a good friend and esteemed colleague, Robert S. Thomas II. In an effort to pay tribute to Robert, who was loved and respected by so many, The NACTT Academy is privileged to share comments, thoughts, and tributes made by Robert’s bankruptcy colleagues....

ABI Commission on Consumer Bankruptcy – Remedies for Discharge Violation

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