From the Editor’s Desk - Classification • NACTT Academy

From the Editor’s Desk – Classification

By The Honorable William Houston Brown (Retired)

Separate classification of student loan debt did not unfairly discriminate. Debtors’ plan proposed to maintain monthly payments on student loan debt, outside the plan, and pay -0- dividend to other unsecured creditors, and this effectively was a separate classification of the student loan debt. The court found the test for unfair discrimination in In re Bentley, 266 B.R. 229 (BAP 1st Cir. 2001), to more accurately reflect the statutory scheme than the more commonly cited test found in In re Leser, 939 F.3d . . .

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Escrow 101 – Part 2 of 3

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By Michael J. McCormick, Esq., McCalla Raymer Leibert Pierce, LLC (Roswell, GA) Escrow 101 – Part 1 Escrow 101 – Part 3 Escrow 102 – Part 1 Escrow 102 – Part 2

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By Jan Hamilton, Chapter 13 Standing Trustee (Topeka, KS) Click here for Part One Click here for Part Two What needs to be in a plan filed in a case under the SBRA? Start with the statute…1 A. Contents of Plan2 Comparison of “Contents . . . It looks like you are not signed in or registered! This content is...

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The NACTT Emeritus Trustees

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What do a license plate, a house in Gambia, anda drug runner’s house all have in common? This is a fun holiday week read – enjoy!

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Herbert L. Beskin

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It has long been a vexing question for Trustees and attorneys alike: do Debtors have to disclose assets acquired post-petition? In a lengthy and well-documented opinion, Chief Bankruptcy Court Judge John Waites of South Carolina has presented his take on this issue and concluded, with some important exceptions, that they do not. The case is In re Thomas L. Boyd,...

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Lawrence R. Ahern, III

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Critical Case Comment – You Might as Well Plan for the Wrecked Car

Henry E. Hildebrand, III

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Insurance proceeds generated due to a totaled car treated under the “hanging paragraph” of 1325(a) covers the entire claim; interest, however, is not recalculated even though it was a higher rate than the interest paid under the plan. (Hanan) In re Pagan, 638 B.R. 887 (Bankr. E.D. Wis. Jan. 24, 2022) Case Summary Bankruptcy judges have been overheard saying that...

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Surrender of Collateral in a Plan- What Is the Court to Do if the Debtor Doesn’t Follow Through?

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By Tammy E. Stickley and Francis J. DiCesare, Staff Attorneys for Margaret A. Burks, Esq. Chapter 13 Standing Trustee (Cincinnati, OH) In a media age in which people expect to be told when “spoilers” are ahead, this summary needs no such warning. Courts have little patience for debtors who surrender collateral – especially real estate – then oppose the foreclosure...

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Cathy Moran

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What are the consequences of a secured lender’s failure to comply with R. 3002.1 in a prior case when the debtor files again? Significant, it seems. . . . since their attorney said he “didn’t see the need” to do so. [Can you guess, now, how this comes out?]

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Laudable, Shortsighted, and Vague: The CDC’s Eviction Moratorium

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By Riley F. Tunnell, Esq., Godwin Bowman PC (Dallas, TX) The COVID-19 pandemic is not the product of a single cause. So, our remedial efforts must address a myriad of causes and rapidly developing effects. The CDC believes that delaying the onset of the mass-eviction to a time when we may be better able to manage this virus is a...

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Discharges and the DoD: The Interplay between Bankruptcy & Security Clearances

Emily Connor Kennedy

March 6, 2022

There are several different types of security clearances that an individual might seek as a prerequisite to employment. What each clearance requires depends on many factors, such as whether the person is a civilian or part of the armed forces, whether the clearance is for facility access only (versus access to sensitive documents), and the scope of the access in...

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