So, What’s a Poor Homeowner to Do?

By Carole Bess, Bess, Blougouras, Freyberg & Pennington, P.A., Merritt Island, Florida

Bankruptcy, offers a solution to many of these HOA dilemmas. Attorneys representing owners with HOA liens and arrears, and future fees, should, however, proceed with great care, and caution. The Bankruptcy Code regarding HOA fees is not as easy to decipher as it might appear at first glance, and the law must be interpreted in conjunction with Florida Statutes and emerging case law.

What happens to HOA fees where the homeowner elects to surrender their homes?

That depends.

Debtors, filing the most common and easiest . . .

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Happy Thanksgiving

November 19, 2023

As our ‘thank you’ to our loyal readers, we bring you a completely non-password protected issue! ENJOY.

Passing of Affable, Humanitarian Trustee

September 26, 2021

By Dynele Schinker-Kuharich, Chapter 13 Standing Trustee (Canton, OH) On Thursday, September 16, 2021, the bankruptcy community lost a good friend and esteemed colleague, Robert S. Thomas II. In an effort to pay tribute to Robert, who was loved and respected by so many, The NACTT Academy is privileged to share comments, thoughts, and tributes made by Robert’s bankruptcy colleagues....

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By Scott F. Waterman, Chapter 13 Standing Trustee for the Eastern District of Pennsylvania (Reading) Modifying a first mortgage is one of the most common loss mitigation tools available to bring a loan current to prevent foreclosure. In this case the first mortgage was modified twice by capitalizing the unpaid interest, reducing the interest rate, and reducing the monthly payments...

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How My Law Firm Learned to Stop Leaving Money on the Table Part 4 – Making Willful Stay Violations Pay Off

Mark C. Leffler

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In this series of articles, I’ve described how my firm developed a litigation practice area to generate revenue that isn’t dependent on new bankruptcy cases. As debtor attorneys around the country wait for bankruptcy cases to return to pre-COVID levels, I hope these articles might inspire others to create income for themselves while obtaining valuable remedies for their clients. Today,...

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From the Editor – Discharge Injunction

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William E. Heitkamp (44)

David G. Peake

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Small Business Reorganization Postscript 2

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SMALL BUSINESS REORGANIZATION ACT POSTSCRIPT #2 Recommendation of Technical Amendment to Repair Flaw in CARES Act Attempt to Increase Small Business Eligibility under SBRA Introduction In a bulletin published March 30, the Academy announced enactment on March 27 of the "Coronavirus Aid, Relief, and Economic Security Act" (the "CARES Act"),1 and that the Act (applying only to cases commenced on...

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From the Editor – Claims

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By The Honorable William Houston Brown (Retired) Portion of divorce award was priority domestic support claim and portion dischargeable unsecured claim. Applying Third Circuit’s factors from In re Gianakas, 917 F.2d 759 (3d Cir. 1990), and considering special master’s intent in divorce proceedings, one-third of former spouse’s claim was priority domestic support but two- thirds was reclassified as general unsecured...

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The Government Shutdown and Chapter 13 Plan Arrearages – What Do We Do Now?

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By Jan M. Sensenich, Chapter 13 Standing Trustee for the District of Vermont As we reach the end of the first month of the partial government shutdown, with no end in sight, 800,000 federal workers have started missing their paychecks. As the shutdown continues, Chapter 13 trustees are weighing how best to address the inevitable question from federal government employee...

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