The Debtor’s Right to Dismiss Under § 1307(b) after Marrama (Can We Play Dismissal-rama? Absolutely Not!)

(Can We Play Dismissal-rama? Absolutely Not!)

A Collaborative Effort By John Gustafson and Michaela White.

John was appointed Standing Chapter 13 Trustee for the Northern District of Ohio, Western Division on October 1, 2007. Prof. White is Editor and Advisor to the NACTT Academy and has taught at Creighton University School of Law since 1990.

In Jacobsen v. Moser (In re Jacobsen), 609 F.3d 647 (5th Cir. 2010), the Fifth Circuit joined an increasing number of courts in holding Marrama v. Citizens Bank, 549 U.S. 365 . . .

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Word to the Wise: Failure to Properly Notice a Creditor Is Bad!

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When the debtor fails to properly schedule a creditor in an asset case, is the now non-dischargeable debt under § 523(a)(3) limited to the amount the creditor would have received had it filed a proof of claim?

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Max Gardner

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Max Gardner’s Top Ten Reasons The late Waylon Jennings had a hit song years ago called “Sick and Tired of Getting Up Sick and Tired.” The song related to the chronic consumption of alcohol but the analogy to the need for a mandatory rule for mortgage payments through the Chapter 13 Trustee is not that far-fetched. As a debtor’s attorney...

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By Academy Staff In July of 2016 ConsiderChapter13.org posted an article, “Another Arrow in the Quiver of the ‘Less Than Honest Debtor’.” That article addressed a decision of the Bankruptcy Court for the Eastern District of Tennessee in In re Hurt, 2015 WL 9592064 (Bankr. E.D. Tn. 2015), in which the Court overruled the Trustee’s objection to exemptions. In Hurt,...

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The NACTT Emeritus Trustees

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Chapter 13 Trustee Duties, Powers, And Limitations – Part 2

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