From the Editor’s Desk - Disposable Income • NACTT Academy

From the Editor’s Desk – Disposable Income

By The Honorable William Houston Brown (Retired)

Nondischargeable student loan was not “special circumstance” for means test, but separate classification not unfair discrimination. Discussing the split of authority, the court concluded that solely because a student loan debt was nondischargeable does not make it a “special circumstance” for purposes of the means test deduction. Moreover, § 1322(b)(5)’s cure and maintain provision does not permit the debtor to pay a long-term student loan debt directly if it would unfairly discriminate against other unsecured creditors (again citing a split of authority); however, applying the traditional . . .

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Critical Case Comment – Debtor Not Current But May Invoke CARES Remedies

Henry E. Hildebrand, III

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In order to invoke remedies granted under the CARES Act, Chapter 13 debtor need not have been current on the date of enactment as long as the debtor satisfies the conditions in the CARES Act. (Grabill) In re Gilbert, 622 BR 859 (Bankr. E.D. La. Oct. 6, 2020) Case Summary Chapter 13 Trustee sought dismissal of a number of cases...

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By Regina Logsdon, Executive Director, The Academy d/b/a ConsiderChapter13.org Robert (“Bob”) G. Drummond has been the only standing Chapter 13 Trustee for the District of Montana since 1992. Originally from Montana, Mr. Drummond graduated from Montana State University with a Bachelor of Science degree in Agricultural Business, and received a Juris Doctorate in Law with Honors from the University of...

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By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN) Part VI Two Things Debtors Should Know About the Small Business Reorganization Act of 2019 (SBRA), Including a Primer on Chapter 11 Confirmation Introduction This series focuses on four bankruptcy-related bills that were enacted during the 116th Congress and signed into law on August 23, 2019.1 One bill, the Small...

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Henry E. Hildebrand, III

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A 34-year-old Chapter 7 debtor could discharge his student loan obligation by establishing that he could not reasonably make payments on the balance, could not maintain a reasonable standard of living, and because the expiration of his payment term had already passed, his standard of living was likely to persist, with no realistic future prospects. (Silverstein) In re Wolfson, No....

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Cathy Moran

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Henry E. Hildebrand, III

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Failure of a Chapter 13 debtor to disclose the existence of a cause of action which accrued prior to or shortly after the filing of the petition merits dismissal of the case with a one-year bar against a subsequent bankruptcy filing.

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Michael B. Joseph

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Critical Case Comment– Secured Creditor Granted Relief from Stay. But, Wait There’s More . . . No Proof of Claim.

Henry E. Hildebrand, III

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Secured creditor in a Chapter 13 case entitled to relief from the stay due to lack of adequate protection where the creditor neglects to file a proof of claim and, as a consequent, received no payments under a Chapter 13 plan. (Conley) Weyer v. Valley Communities Credit Union, 2022 WL 1597293 (W.D. Wis. May 19, 2022) Case Summary Dana and...

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Henry E. Hildebrand, III

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An alleged lessor’s tardy objection to confirmation of a Chapter 13 plan which treats the obligation as a secured loan is precluded from pursuing that objection after passage of the deadline established by the court.

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