From the Editor – Property of the Estate and Exemptions

By The Honorable William Houston Brown (Retired)

Annuity claimed as exempt was still in estate until time to object to exemptions expired, with analysis of stay relief. The Chapter 13 debtor claimed an annuity as exempt and the former spouse sought to collect past due and ongoing domestic support obligation from the annuity. The annuity remained in the estate, protected by the automatic stay, until the time to object to exemption had passed, but cause existed to grant stay relief to allow the former spouse to pursue collection in state court. In reaching the decision, the . . .

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Here Comes the Sun—and the Lawsuits

Mark C. Leffler

July 26, 2026

Consumer bankruptcy lawyers are seeing clients with solar panel debt. In Part 1 of his article, Mark Leffler provides a background for multi-district class action litigation in Minnesota and other enforcement actions by Attorneys General in Minnesota and Virginia concerning the financing of rooftop solar panels. Part 2 of his article will appear next week, and in that Part the author examines legal issues underlying the fraud claims in the litigation.

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Fourth Circuit: Brittner v. Beach Anesthesia

Edward C. Boltz

June 25, 2023

Summary: Brittner filed an adversary proceeding against Beach Anesthesia alleging violations of the automatic stay, but the bankruptcy court (affirmed by the district court) held that she had either failed to establish actual damages or to mitigate damages. The Court of Appeals held that that Brittner needed to satisfy a five-part test to establish a violation of the automatic stay: (1) that a bankruptcy...

NSFs Don’t Have to Derail Bankruptcy Success

Jen Reda

June 21, 2026

NSF’s have a psychological impact.

Chapter 13 Trustees Prosecutorial Discretion

The NACTT Emeritus Trustees

July 30, 2023

While administering cases, Chapter 13 Trustees should carefully exercise their prosecutorial discretion. Trustee discretion is a powerful tool. It should be used wisely and consistently. Trustees should have office policies in place fort heir attorneys and office staff. What matters involve discretion? The UST Chapter 13 Handbook describes some: We asked the NACTT Emeritus Trustees for their thoughts and examples...

Kellner Retires

September 29, 2019

By Academy Staff Jeffrey M. Kellner graduated from THE Ohio State University in 1975. Between then and entering law school, Jeff worked in Montana for the park service. He graduated from Capital University College of Law in 1985. After law school, he worked for two years as a law clerk for Judge Calhoun in Columbus, OH. He then went to...

Denying Texas Ad Valorem Tax Lenders Keys to the Candy Store: A Discussion on Post-Petition Fees, Costs or Charges

David G. Peake, Vanessa De Leon Guerrero

June 8, 2025

While the title indicates a strictly Texas issue, this outline begins with an excellent national discussion. Something you will probably want to archive in your memory bank for future reference.

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

October 18, 2020

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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Ninth Circuit BAP Says§ 523(a)(15) Includes §§ 523(a)(2), (4) and (6) in Chapter 7

M. Jonathan Hayes

January 28, 2024

Does § 523(a)(15) include claims by a spouse against the other spouse for fraud etc, i.e., §§ 523(a)(2), (4) and (6), in a chapter 7 case?

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Rollin’ Rollin’ Rollin’ – Whether a Motor Home Qualifies for the Homestead Exemption as a Mobile Home?

Tiaon Michele Lynch

April 28, 2024

“Although exemptions are meant to be interpreted liberally; this issue may become increasingly complex with the rise of remote work such as traveling nurses.”

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“Lien Stripping” Based on Claim Disallowance by Default: Ninth Circuit Clarifies its Rule

June 7, 2020

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN) Introduction Chapter 13 practitioners certainly do not need to be told that a lender with a mortgage1 on the debtor's principal residence has a special position in a Chapter 13 case. A chapter 13 plan may "modify the rights of holders of secured claims, other than a claim secured only...

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From the Editor – Property of the Estate and Exemptions

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Related Articles

Here Comes the Sun—and the Lawsuits

Fourth Circuit: Brittner v. Beach Anesthesia

NSFs Don’t Have to Derail Bankruptcy Success

Chapter 13 Trustees Prosecutorial Discretion

Kellner Retires

Denying Texas Ad Valorem Tax Lenders Keys to the Candy Store: A Discussion on Post-Petition Fees, Costs or Charges

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

Ninth Circuit BAP Says§ 523(a)(15) Includes §§ 523(a)(2), (4) and (6) in Chapter 7

Rollin’ Rollin’ Rollin’ – Whether a Motor Home Qualifies for the Homestead Exemption as a Mobile Home?

“Lien Stripping” Based on Claim Disallowance by Default: Ninth Circuit Clarifies its Rule

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