Supreme Court Corner

By M. Jonathan Hayes, Certified Bankruptcy Specialist, Northridge, CA

Wright v. Vinton Branch of Mountain Trust Bank of Roanoke, 300 U.S. 440 (1937)

Issue: 1. Did the amendments to the Frazier-Lemke Act cure the deficiencies cited by the Supreme Court in Louisville Joint Stock Land Bank v. Radford? 2. Do the rights of the debtor in a bankruptcy case amount to an unconstitutional taking prohibited by the Fifth Amendment?

Holding: 1. Yes. 2. No.

Justice Louis Brandeis

The debtor, a farmer, filed bankruptcy to stop a foreclosure on his farm. The bank immediately filed . . .

It looks like you are not signed in or registered! This content is only available to members.

Or Sign In Below:

No Author Biography has been linked to this Article.

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

From the Editor

April 7, 2019

By Wm. Houston Brown, United States Bankruptcy Judge (Retired) Attorney Fees - Chapter 13 debtor’s attorney not entitled to recovery under § 330 of fees that were incurred in defending prior attorneys’ sanctions motion. The debtor’s prior attorneys had sought to impose sanctions on the current attorney, and that attorney successfully defended against sanctions. However, the fees incurred by the...

Members

Critical Case Comment – New Bankruptcy Term – “Sale Plan”

Henry E. Hildebrand, III

January 1, 2023

Confirmation of a “sale” plan (proposing the sale of the debtor’s principal residence) depends upon how quickly the sale will be consummated, milestones established, and consequences for failing to meet those deadlines; a plan that makes payments to the mortgage company under a “sale” plan may not modify the rights of the mortgagee but if care is taken to comply...

Members

Advising Consumer Clients About Credit Scoring – Some Questions

The Honorable William Houston Brown, Cathy Moran

September 10, 2023

“We have observed consumers who seem to be focused principally on their credit scores, . . . rather than focusing on . . . a more critical immediate focus on their balance sheets . . .”

Members

Meet a New Trustee

The Academy

October 8, 2023

David A. Mawhinney is the Chapter 13 Standing Trustee for the Central and Western Divisions of Massachusetts and a Subchapter V Trustee for Region One. He replaced Denise M. Pappalardo upon her retirement which was effective December 24, 2022. David is a 2002 graduate of Boston College and received his J.D. from Boston College Law School in 2011. When David started...

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

Bankruptcy Court Broadly Interprets “Engaged in Business” Requirement for Subchapter V Eligibility

May 23, 2021

By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN) Introduction The Bankruptcy Court for the District of Colorado ruled recently, in a case styled In re Ikalowych,1 that while eligibility for subchapter V of Chapter 112 requires that 50% of a debtor's debt must arise from commercial or business activities, the debtor was not required to be directly involved...

Members

2022 Bankruptcy Procedure Year in Review: Revised Statute and Rules and Selected Cases – Part 4 More on Arbitration Procedure

Lawrence R. Ahern, III

January 15, 2023

Introduction This series reviews developments in bankruptcy procedure during 2022. Amendments to 16 rules and new one new rule took effect December 1, 2022. Many reflected changes necessitated by the Small Business Reorganization Act of 2019 (SBRA),1 and have been in place in the same or similar form on an interim basis since that legislation took effect.

Members

ABI Commission on Consumer Bankruptcy – Definition of “Tax Return” for Purposes of Nondischargeability

June 2, 2019

By Henry E. Hildebrand, III and Sloan Hastings Section 523(a)(1) excepts from discharge taxes that are priority claims under § 507(a)(8). One of § 507(a)(8)’s provisions makes debts not dischargeable for income taxes requiring the filing of a tax return due during the three years prior to filing bankruptcy. It is this “recent years taxes nondischargeable” moniker that leads many...

Members

IRS Extends April 15, Other Upcoming Deadlines for Alabama Storm Victims, Provides Other Tax Relief

March 10, 2019

Victims of March 3rd tornadoes and severe storms in Alabama have until July 31, 2019, to file certain individual and business tax returns and make certain tax payments. The IRS is offering this relief to any Major Disaster Declaration area designated by the Federal Emergency Management Agency (FEMA) as qualifying for individual assistance. Currently, this only includes Lee County, Alabama,...