Supreme Court Rules in RadLAX

On May 29, 2012 the United States Supreme Court issued its opinion in RadLax http://www.supremecourt.gov/opinions/11pdf/11-166.pdf Gateway Hotel v. Amalgamated Bank. The Court held that a debtor’s chapter 11 cramdown plan cannot be confirmed where the debtor proposed the sale of a secured lender’s lien and prohibited the lender to credit-bid at the sale.

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Progeny of Taggart: In re Gravel and Newrez, LLC v. Beckhart

September 12, 2021

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN) Introduction In re Taggart In 2019, the Supreme Court in In re Taggart1 ruled that the acts alleged in that case to be in violation of a discharge injunction did not empower the bankruptcy court to find the creditor in contempt. In so holding, the Court ostensibly attempted to strike...

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The Neglected Non-Dischargeability Provision

Cathy Moran

June 11, 2023

Hands up everyone who has encountered a claim that a debt is non-dischargeable by reason of § 523(a)(14). That’s what I thought: nada, or next thing to it. Despite watching for it, I hadn’t seen one ‘til this year when AmEx filed an adversary in a case in which I was peripherally involved. My copy of Collier’s code doesn’t comment...

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Eligibility “Twofer”

Henry E. Hildebrand, III

July 14, 2024

These cases are of specific interest to creditors but debtor attorneys and trustees also should be aware. Chapter 7 debtor bears the burden of proof of demonstrating eligibility in order to convert to Chapter 13; such proof requires them to demonstrate that they have regular income adequate to fund a Chapter 13 plan. AND . . . Chapter 13 plan fails to satisfy the eligibility requirements if it depends upon gifts or loans to be feasible.

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Delaware Trustee Michael Joseph to Retire

Paul Chael

March 13, 2022

The debtors will miss him. The creditors will miss him. Even more, his colleagues will miss him. Michael Joseph has served as the Chapter 13 Trustee in Delaware since 1987. He is retiring March 31, 2022. He has served with competence and excellence. The debtors will miss him because he treated them with dignity and compassion. The creditors knew they...

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Practice Pointers for Arguing Motions

December 6, 2020

By William Sawyer, Chief U.S. Bankruptcy Judge for the Middle District of Alabama (Montgomery) (Used with permission. Court News and Views, Volume 18, October 2020) Lawyers who practice regularly in bankruptcy court invariably make many appearances at motion dockets. This article provides practice pointers to lawyers who do not practice often in this Court to familiarize them with our procedures...

The Extent of 362(c)(3)’s Stay Termination: Bankruptcy Court Adds an Argument to the Debate

June 28, 2020

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN) Introduction In In re Dao,1 Bankruptcy Judge Christopher Klein on May 11 ruled on an issue on which the circuits are split and certiorari is pending.2 Judge Klein agreed with the majority view that, under paragraph 362(c)(3) of the Bankruptcy Code, the automatic stay terminated 30 days after the order...

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Impact of the Repeal of Cares Act Chapter 13 Plan Modifications: Is It a Death Knell for Cases Beyond 60 Months?

Michael B. Joseph

January 8, 2023

Under the CARES Act 11 USC § 1329 was amended to include a temporary provision that permitted confirmed chapter 13 plans to extend the plan term to up to 84 months. To do so, debtors were required to show they were affected by COVID, § 1329(d).i The maximum term under 11 USC §1329(c) has always been 60 months. Under the...

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ABI Commission on Consumer Bankruptcy – Student Loans – Suggested Statutory Changes

April 21, 2019

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN) Section I. Student Loans, Part I Statutory Suggestions When the Commission asked participants to identify the most important issue in consumer bankruptcy, all three committees were told the same thing: the role of bankruptcy in the field of student loans. All three committees looked at the issue and proposed...

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National Guard and Reservists Debt Relief Extension Act of 2023

The Academy

December 31, 2023

The National Guard and Reservists Debt Relief Extension Act of 2023 (H.R. 3315) enacted on December 19, 2023 extends for an additional four years the existing exemption from the means test for qualifying reservists and National Guard debtors who are called to active duty or to perform a homeland defense activity for not less than 90 days. See 11 U.S.C. § 707(b)(2)(D)(i). A debtor...

Judge to Retire

The Academy

November 24, 2024

The Honorable Robert E. Grossman of the Eastern District of New York has announced his retirement effective June 1 of next year.