Toolbox 2.0: Basics For Chapter 13 Staff Attorneys

The Academy is pleased to announce an important addition to the resources it makes available to its members in the “Toolbox.” The Toolbox, always a work in progress, is designed to provide practical resources for Chapter 13 bankruptcy practitioners whether they are trustees, the lawyers who represent trustees, debtors’ or creditors’ attorneys. John Gustafson, Chapter 13 Trustee in Northern District of Ohio, Western Division, along with several other contributors, has written an extensive and thorough guide to Chapter 13 for staff attorneys. However, this resource is equally helpful to lawyers for . . .

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For You, What Is the Best Part About Retirement

The NACTT Emeritus Trustees

March 3, 2024

We were curious about what our NACTT Emeritus Trustees have been doing in retirement. How have they been spending their time since making the decision to retire and moving on from the daily challenges as a Chapter 13 Trustee. Here are their replies to our inquiry:

Ms. Ps & Qs

Nancy B. Rapoport

May 15, 2022

Dear Readers: There are some basic truths. One is that when someone says, “hey, watch this!,” the result is likely to involve blood or stitches. Another is that, when an author describes something with the leadoff word, “interestingly,” it often isn’t. And a third is that one shouldn’t mislead bankruptcy judges. In two wonderfully written cases, bankruptcy judges made this...

Members

Creditors’ Rights and Debtors’ Protections at the Intersection of Consumer Bankruptcy and UCC Article 9 – Part IV

October 4, 2020

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN) PART IV – INTRODUCTION TO CONSUMER FORECLOSURE PROCEDURES 2020 portends a flood of bankruptcy filings. In the consumer bankruptcies, trustees and debtors' counsel often are uncomfortable with the rules in Article 9 of the Uniform Commercial Code (UCC). In this space, we have looked at topics involving the interplay of...

Members

Rules, Means-Test Amounts and Miscellaneous Fees: Changes Wrap Up 2020

November 15, 2020

Lawrence R. Ahern, III Brown & Ahern Nashville, Tennessee Appendix B Adjustments to Means Test Amounts (Cases Filed On or After November 1, 2020) The tables on the following page provide median family income adjustments reproduced in a format designed for ease of use in completing Bankruptcy Forms 122A-1 and 122C-1. STATE 1 EARNER FAMILY SIZE 2 PEOPLE 3 PEOPLE...

Members

Critical Case Comment – Pre to Pre and Post to Post

Henry E. Hildebrand, III

March 5, 2023

Mortgage loan servicer violated mortgage agreement with debtor, the automatic stay, the confirmation order and Rule 3002.1 by applying debtor’s post-petition monthly mortgage payments pursuant to the contractual terms of the loan, thereby applying post-petition payments to the debtor’s pre-petition mortgage arrearage. (Cary) In re Pope, 647 B.R. 597 (Bankr. D. N.H. August 15, 2022) Case Summary In November of...

Members

Ask Ms. Ps & Qs

Nancy B. Rapoport

June 25, 2023

Dear Readers: By now, I’m hoping that all of you are aware of the sad story of the plaintiff’s lawyers in Mata v. Avianca, Inc., Case No. 22-cv-1461 (PKC) (S.D.N.Y). Lawyer A used ChatGPT to “research” a brief; Lawyer A was not admitted in the jurisdiction, so Lawyer B (same firm) entered a notice of appearance; Lawyer B filed Lawyer...

Members

The Chapter 13 Business Model

February 21, 2021

By John M. Hauber, Chapter 13 Standing Trustee (Indianapolis, IN) I have recently written an article for the NACTT Quarterly, that may or may not be published at the time of this writing, which is simply a stream-of-conscious style response to Senator Elizabeth Warren’s desire to modify the Bankruptcy Code based upon her perception that debtors’ attorneys get rich off...

Seventh Circuit Agrees with Ninth and Tenth

The Academy

May 19, 2024

In Marshall v Johnson, 2004 WL 1953490 (7th Cir. May 3, 2024), the Seventh Circuit agreed with the holdings from the Ninth and Tenth Circuits, In re Doll, 57 F.4th 1129 (10th Cir. 2023), and In re Evans, 69 F.4th 1101 (9th Cir. 2023). Under these decisions, Chapter 13 trustees may not retain fees when the case is dismissed prior to confirmation.

From the Supreme Court

The Academy

June 18, 2023

Lac Du Flambeau Band of Lake Superior Chippewa Indians et al. v. Coughlin Supreme Court rules in favor of borrower of tribal loan –Chapter 13 stay applies. Justices reject tribal immunity from bankruptcy stay.