Social Security Benefits Under §101(10A) (B): Excluded Means What?©

"Conceptually and technically, BAPCPA corrupted the disposable income test in § 1325(b) in so many ways it takes restraint not to laugh and cry at the same time." 6 Keith M. Lundin, Chapter 13 Bankruptcy § 466.1 at 466-1 (3d ed. 2000 & Supp. 2007-1).

I. Nobody Who Understood Bankruptcy Would Draft A Statute Like That –

But §101(10A)(B) Is What It Is.

Section 101(10A) (B) is just one of the many vaguely . . .

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Critical Case Comment

July 26, 2020

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville) Chapter 13 debtor may include a provision in the Chapter 13 plan that only estimates the duration of the plan and, absent an objection, such provision would cause the debtor’s plan to terminate and the debtor receive a discharge when the claims have been...

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Cars, Fines, and Chapter 13 in the Windy City

January 12, 2020

By Herbert L. Beskin, Chapter 13 Trustee for the Western District of Virginia (Charlottesville) The Seventh Circuit thought that it had finished dealing with the intersection of cars, fines, Chapter 13, and the City of Chicago when it rendered its decision earlier in 2019 in “Steenes I.” In re Steenes, 918 F.3d 554 . Alas, it was not to be,...

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Beyond Professional Ethics

July 25, 2021

By Merideth Akers, CPA, PHR, Comptroller forBradford W. Caraway (Birmingham, AL) I am a Certified Public Accountant (CPA) and a Professional in Human Resources (PHR). I suspect that many who read this article are Licensed Attorneys. Others may hold a certification from other professions. These entities have their own rules of professional ethics and conduct that govern what we are...

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From the Editor – Debtor’s Attorney

May 17, 2020

By The Honorable William Houston Brown (Retired) Sanctions for including foreclosed property in petition. On creditor’s motion, sanctions for attorney fees and costs were awarded against Chapter 13 debtor’s attorney for scheduling as property of estate real property that had been foreclosed and on which debtor’s redemption period had expired. Under Rule 9011(c), a safe harbor letter from the creditor...

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How to Manage Incompetent, Unprepared, and Unreasonable Creditor Bankruptcy Counsel

The NACTT Emeritus Trustees

March 19, 2023

Recently, the Emeritus Trustees (“ETC”) commented on “How to Manage Incompetent, Unprepared, and Negligent Bankruptcy Counsel”. We now turn to ETC to share their collective wisdom when addressing the issues raised by incompetent, unprepared and unreasonable creditor counsel. CREDITOR ATTORNEY REPRESENTATION ISSUES Several ETC Trustees list the following as problematical during their tenure. Attorney claims lack of authority from creditor...

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Student Loans Debacle-Part II: Failure to Forgive – The Ticking Time-Bomb

R. Michael Smith

October 23, 2022

The recent push for student loan forgiveness has been met with increasing opposition. The rationales for not providing a generally applicable path for student loan forgiveness or cancellation have included arguments based upon imagined unfairness to those previously able to pay off their loans, which seems to be both short-sighted, as well as a “red herring” argument. It does not...

ABI Commission on Consumer Bankruptcy – Collateral Repossessed Pre-Petition

October 6, 2019

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN) One of the most difficult situations faced by a debtor and debtors’ counsel is the repossession of important collateral securing a debt owed to a creditor. These items, such as automobiles, furniture, boats, and mowers which have been pledged to a creditor are important – often critical – to...

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Buy Now/Pay Later – When the Bill Comes Due

Neil Lloyd Enmark

October 22, 2023

This quick read has something for everyone. “The services are convenient for consumers and probably encourage impulse buying.” More from this author: Post-Confirmation Property & Income Changes

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Why Address Formatting Is So Important for Jurisdiction

October 24, 2021

By Jay S. Jump, CEO, CertificateofService.com (Pasco, WA) My guess is you initially saw the title of this article and promptly pressed right on past it. Who needs to learn how to properly address an envelope? You didn’t spend three years in law school plus all that money in student loans to address an envelope! But, If the purpose of...

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Pump the Brakes: Bad Faith Debtors Are Not Gaming the System (Part II)

January 27, 2019

By Kathryne M. Shaw1 Boleman Law Firm, P.C. (Virginia Beach, VA) Click here for Part 1 In Part I of this article, we reviewed In re Holman, in which the debtors violated their confirmation order and exhibited bad faith . . . It looks like you are not signed in or registered! This content is only available to members. Join...

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