Empowering Consumer Bankruptcy Professionals Through Knowledge.

Consider the following Christmas miracle: Bob Cratchit has a long-term mortgage with Scrooge & Marley Bank. Bob Cratchit dies and there is a default on the mortgage. The mortgaged residence then passes to his son, Tiny Tim, by operation of law. Tiny Tim files for chapter 13 and includes the defaulted mortgage with Scrooge & Marley Bank in his plan. Scrooge & Marley Bank argues it has no claim against Tiny Tim because privity of contract is lacking, and Scrooge & Marley Bank therefore has no debtor-creditor relationship with Tiny Tim. How might the court rule?

Modification of a confirmed Chapter 13 plan cannot be based on speculative, uncertain, and anticipated conditions; the “best interest of creditors test” is determined at the time of confirmation of the original plan and not the confirmation of a modified plan.

In the continually evolving field of consumer bankruptcy law, a series of Supreme Court decisions shape how cases are administered nationwide. Over the coming weeks, we will highlight key decisions that every bankruptcy practitioner should recognize—both by name and by the issues they resolve. This week’s ‘memory work’ is: Ritzen Group; Taggart; Midland Funding v. Johnson; Czyzewski v. Jevic Holding; and Husky v. Ritz

“The personal guarantee of an SBA loan to a non-debtor borrower who is then current is a contingent liability for purposes of Chapter 13 debt limits. . . . Intrigued, I dug deeper. And got more befuddled as I went.” See Also: The Guaranty That Got Away from the SBA

“She taught us all how it looks to love well by how she lived.”

As a gift, Judge Clarkson shares an article with Academy readers on courtroom strategies.

“ . . . , a few Bankruptcy Courts have supplemented Rule 9011 by creating new local rules or issuing standing orders specifically addressing the use of generative AI.”

In the continually evolving field of consumer bankruptcy law, a series of Supreme Court decisions shape how cases are administered nationwide. Over the coming weeks, we will highlight key decisions that every bankruptcy practitioner should recognize—both by name and by the issues they resolve. This week’s ‘memory work’ is: Johnson v. Homestate Bank; Harrington v. Purdue Pharma; Bartenwerfer v. Buckley; Fulton

“Listening is the first principle of civility and the essence of our adversarial judicial system as Judge Scott Clarkson reminded us here. . . . Yet the temptation is for you as the attorney to talk and the client to listen.”

Barday selected as new Bankruptcy Judge for the Southern District of New York.

CATHY’S BACK!! CATHY’S BACK!!!!! After a brief absence, we are pleased as punch to have Cathy Moran back in our author rotation. Welcome back, Cathy. You have been missed. Hands up, everyone who has encountered a claim that a debt is non-dischargeable by reason of §523(a)(14). So, what’s this about credit cards and taxes?

In the continually evolving field of consumer bankruptcy law, a series of Supreme Court decisions shape how cases are administered nationwide. Over the coming weeks, we will highlight key decisions that every bankruptcy practitioner should recognize—both by name and by the issues they resolve. This week’s ‘memory work’ is: United Savings Association of Texas v. Timbers of Inwood Forest Associates; Citizens Bank of Maryland v. Strumpf; Grogan v. Garner; and Ron Pair.