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....
From the Editor’s Desk – Eligibility, Best Interests Test, and Discharge
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By The Honorable William Houston Brown (Retired)
Eligibility: Unsecured junior liens made debtors ineligible. Applying In re Scovis, 249 F.3d 975 (9th Cir. 2001), and looking to the debtors’ schedules, the Ninth Circuit held that three junior liens that were unsecured because of property value were included within the unsecured debt for eligibility, and the fact that the liens were voluntarily granted did not distinguish the case from Scovis. Santos v. Dockery (in re Santos), ___ Fed.Appx. _____, 2013 WL 51877213 (9th Cir. Sept. 17, 2013).
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