The Obvious, But Sometimes Obviously Overlooked, Controlling Ethics Model

Tom Waldron, a former bankruptcy judge and current Advisor to the NACTT Academy, lives in Tucson, AZ.[email protected].

It appears that every attorney and law firm operates by utilizing at least two significant models in the practice of law. One is a “legal model,” i.e. the understanding of procedural and substantive law and related fields offered to a client as a legal service. Another is a “business model,” i.e. internal operating decisions as to location, personnel, income, expense, growth, etc. in connection with . . .

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

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Two things taxpayers can do to protect themselves from identity theft is to use strong passwords and keep those passwords secure. While many people use fingerprint or facial recognition technology to protect their devices, sometimes it’s still necessary to use a password. In recent years, cybersecurity experts’ recommendations on what constitutes a strong password has changed. With that in mind,...

New Fellows of American College of Bankruptcy

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By William H. Brown, Editor and Advisor, Academy for Consumer Bankruptcy Education, Inc. (d/b/a ConsiderChapter13.org) Members of the Academy and regular speakers at NACTT’s annual seminars were recently elected as Fellows of the American College of Bankruptcy, representing recognition by the College of the important contributions by those in the consumer bankruptcy system. Newly elected Fellows, who are to be...

Critical Case Comment – Funds on Hand at Dismissal Go to Debtor. Not So Fast. 13 Trustee May Be Subject to State Court Proceedings

Henry E. Hildebrand, III

January 16, 2022

While a 13 trustee is partially insulated by the Barton doctrine from being dragged into state court, if a movant seeks authority from the Bankruptcy Court to pursue the trustee and satisfies the conditions of the Barton doctrine, the trustee may be subject to state court judicial proceedings. (Hall) In re Alexander Louis Bednar, 2021 WL 1625399 (Bankr. W.D. Okla....

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Cui Pro Bono?

The Honorable John P. Gustafson

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Judge Gustafson and Daniel Tavera explore “Who Benefits” from work done in a Chapter 13 case, and they suggest that the title of this piece comes from an old-time radio show – “Yours Truly, Johnny Dollar” – one of the most popular radio shows in its day. It was a five-part show called “The Cui Bono Matter.” To hear a...

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Purdue Pharma and Chapter 13 Codebtor Stays

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Could it be that chapter 13 got it right? How does the recent United States Supreme Court holding in Harrington v. Purdue Pharma impact chapter 13 cases?

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2022 Bankruptcy Procedure Year in Review: Revised Statute and Rules and Selected Cases Part 5 – Supreme Court Activity

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May the Chapter 13 Trustee Keep Fees Paid Before Dismissal? – Part 2

Lawrence R. Ahern, III

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Larry Ahern this week concludes a two-part examination of whether a Chapter 13 trustee may retain fees paid without a confirmed plan before dismissal. Part 1 analyzed McCallister v. Evans, a recent case accepting the trustee's position considering a division in the caselaw and analyzing relevant statutes. In this Part 2, he turns to the debtor's case, which has substantial...

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Supreme Court on Statute of Limitations Under Fair Debt Collection Practices Act

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By William Houston Brown, Editor/Adviser Academy for Consumer Bankruptcy Education Construing the statute of limitations for actions against debt collectors under the Fair Debt Collection Practices Act (FDCA), the Supreme Court held on December 10, 2019, that “absent the application of an equitable doctrine, the statute of limitations in § 1692k(d) begins to run on the date on which the...

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The Collector

The Academy

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Supreme Court Corner: Does Equitable Estoppel Apply in a Fraudulent Conveyance Action?

M. Jonathan Hayes

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Bailey v. Glover 1874 - When the trustee is required to bring an action to avoid a fraudulent conveyance within two years of the bankruptcy filing, does the active concealment of the transfer by the debtor and the transferees toll the running of the two-year statute of limitations to bring the action?

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