UST Allows Unprecedented Fees

By Daniel Riggs, Senior Staff Attorney for Rick A. Yarnall, Chapter 13 Standing Trustee, Las Vegas, NV

Kimberly Antonacci filed for Chapter 13 bankruptcy relief on November 11, 2008. In her case, the Standing Chapter 13 Trustee conducted nine 341 hearings and the confirmation hearing was continued six times. The Trustee also investigated the Debtor’s business and monitored an adversary proceeding and settlement agreement. After two years, the case was dismissed for the Debtor’s failure to make plan payments. The Trustee’s motion to dismiss requested administrative fees under 11 U.S.C. § 503(b). After . . .

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2024 Update: Federal Guidance on Discharging Student Loans in Bankruptcy IS a Game Changer

Tammy Branson, Robert B. Branson

May 12, 2024

The 2022 Justice Department and Department of Education collaboration introduced new bankruptcy guidelines, notably easing the "undue hardship" exception for discharging student loans, marking a departure from the stringent "Brunner Test" requirements. Here the Bransons give us a look at the progress being made in discharging student loans.

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How to Effectively Handle a Difficult Debtor

The NACTT Emeritus Trustees

June 9, 2024

This is a GREAT resource everyone should read! “Sometimes the trustee’s office must deal with a difficult debtor. . . . All trustees know — or should know — that skilled debtors’ lawyers are our best allies.”

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Passing of Wichita Attorney

The Academy

November 19, 2023

It is with sadness that we report the passing of William (“Bill”) Schantz formerly of the Office of UST.

Obtaining Credit in Chapter 13 – Did the Amendment to FRBP 4001(c) Eliminate Motions to Incur Additional Credit?

March 1, 2020

By Nathan E. Curtis and Peter Francis Geraci, Geraci Law LLC (Chicago, IL) Time does not stand still while a debtor is in Chapter 13. Nor do income and expenses. Ideally, consumer debtors who have filed a chapter 13 would not need to obtain credit during the term of their plan. Unfortunately, circumstances sometimes get in the way. The most...

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Interns: Musings of a Chapter 13 Trustee

George M. Reiber

June 30, 2024

The NACTT's Inclusion and Acceptance Committee promotes Chapter 13 Trustee internships through the Tom Vaughn Memorial Internship Program, providing significant benefits to interns.

The First Thing a Chapter 13 Debtor’s Attorney Should Know About the Small Business Reorganization Act of 2019

October 13, 2019

By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN) Click here for Part I, Introduction to the 2019 Legislation Click here for Part II, Five Things a Trustee Should Know About SBRA Part III The Small Business Reorganization Act of 2019 (SBRA)1 is of interest to attorneys whose clients in troubled . . . It looks like you are...

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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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When Wishes Come True

September 19, 2021

By Helen M. Morris, Chapter 13 Standing Trustee for the Northern and Southern Districts of West Virginia Like most trustees, my case load is down, and I’ve been actively encouraging new filings. Perhaps too enthusiastically as certain new cases reflect. A bankruptcy filer who has been dormant for months filed a new case recently. Schedule A is clearly marked with...

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Meet a Newish Trustee

The Academy

June 18, 2023

By Regina Logsdon, Academy Executive Director Erin M. McCartney was appointed as the Chapter 13 Standing Trustee for the District of Nebraska beginning on January 1, 2022. Erin stepped into metaphorically very large and capable shoes as she replaced retiring Kathleen Laughlin. Erin grew up in Illinois, graduating college from Bradley University in Peoria (Go Braves!). Law school required a...

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Five More Things Debtors Should Know About the SBRA of 2019

December 22, 2019

By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN) Part VII Introduction This series focuses on four bankruptcy-related bills that were enacted during the 116th Congress and signed into law on August 23, 2019. One bill, the Small Business Reorganization Act of 2019 (SBRA), will be effective February 19, 2020. It appears in its entirety in Appendix B to...

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