From the Editor – Avoidance Actions

By The Honorable William Houston Brown (Retired)

Chapter 13 debtors had authority to bring avoidance action. Applying §§ 522(g) and (h), the debtors could pursue avoidance of a prebankruptcy tax sale under § 548, with the court concluding that “reasonably equivalent value” could not be ascertained from a tax foreclosure sale under applicable New Jersey law, distinguishing BFP v. Resolution Trust Corp., 511 U.S. 531 (1994). Here, the tax debt was $36,000 and the property value was at least $100,000 more than the debt. Matter of Varquez, 502 B.R . . .

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The Student Loan Solution

Henry E. Hildebrand, III

October 16, 2022

Recently, news stories, political pundits, social media outlets and the talking heads have become keenly aware of the growing danger imposed by burgeoning student loan debt and the economic chaos it has caused and will continue to cause. Although the crisis appears to dominate our cell phones and news feeds, bankruptcy professionals involved in consumer bankruptcy matters are fully aware...

7th Circuit Supports Attorneys’ Fees Paid from Disposable Income

The Academy

June 14, 2026

Click here for opinion

Making Sense of the Cause Requirement for Plan Payment Period Extensions Under 11 U.S.C. § 1322(d) – Part 2 of 2

Blake Warner

August 24, 2025

Warner continues and concludes his deep dive into plan extensions looking at (1) whether or not to extend is a case specific inquiry; (2) the Walsh court vs. acceptable judicial intervention; and (3) moral obligation as a basis for plan payment extensions.

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One Woman’s Opinion

December 13, 2020

By Margaret A. Burks, Chapter 13 Standing Trustee for the Southern District of Ohio (Cincinnati) Chapter 13 works. Some people wish to continually criticize Chapter 13. They criticize the success rate. They criticize racial bias. They criticize how Chapter 13 works. They also criticize the fact that Chapter 13 appears less voluntary than it was before access to Chapter 7...

Omission and § 532(a)(2)(B)

M. Jonathan Hayes

September 21, 2025

Can an omission be a “statement of financial condition” sufficient to establish non-dischargeability under § 523(a)(2)(B)? Yes, says Judge Dennis Montali

Members

Amending Exemption Claims: What About After Prior Claims Were Disallowed?

The Honorable William Houston Brown

June 21, 2026

Three strikes and you're exempt? Can a debtor keep rewriting the exemption playbook? The Ninth Circuit says maybe.

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Supreme Court Corner: Does Equitable Estoppel Apply in a Fraudulent Conveyance Action?

M. Jonathan Hayes

July 7, 2024

Bailey v. Glover 1874 - When the trustee is required to bring an action to avoid a fraudulent conveyance within two years of the bankruptcy filing, does the active concealment of the transfer by the debtor and the transferees toll the running of the two-year statute of limitations to bring the action?

Members

Choice of Staying in Chapter 13 or Converting to 7? Circuits Show It Makes a Difference

The Honorable William Houston Brown

March 31, 2024

Eighth Circuit, like the Ninth, has ruled that when Chapter 13 cases are converted to Chapter 7, any increase in a debtor's home value beyond exemptions and liens becomes part of the Chapter 7 estate. See also: Critical Case Comment – Post-Petition/Pre-Conversion Equity

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TFS Bill Pay Announces New Attorney Report Center

November 21, 2021

TFS Bill Pay has launched a new powerful tool to help you succeed; the Attorney Report Center located in your AttorneyPortal. In the current bankruptcy environment, it is absolutely essential that your firm receives all of the compensation for the valuable work it has already done. TFS now provides you with pre-set, real-time reports to confirm your clients’ payments, which...

From the Editor – Claims

October 20, 2019

By The Honorable William Houston Brown (Retired) Objection sustained to one-year late proof of claim. The mortgage creditor did not object to confirmation nor file a proof of claim until one year after the bar date in the Chapter 13 case. The trustee objected to the claim, which asserted a higher arrearage than provided for in the confirmed plan. Section...

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From the Editor – Avoidance Actions

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Related Articles

The Student Loan Solution

7th Circuit Supports Attorneys’ Fees Paid from Disposable Income

Making Sense of the Cause Requirement for Plan Payment Period Extensions Under 11 U.S.C. § 1322(d) – Part 2 of 2

One Woman’s Opinion

Omission and § 532(a)(2)(B)

Amending Exemption Claims: What About After Prior Claims Were Disallowed?

Supreme Court Corner: Does Equitable Estoppel Apply in a Fraudulent Conveyance Action?

Choice of Staying in Chapter 13 or Converting to 7? Circuits Show It Makes a Difference

TFS Bill Pay Announces New Attorney Report Center

From the Editor – Claims

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