A Little Background on the Current Supreme Court

By M. Jonathan Hayes

In his book, My Grandfather's Son, Justice Clarence Thomas comments that he was approached by some White House official in 1989 or so and asked to apply for a judgeship position on the Federal Court of Appeals for the District of Columbia Circuit. At the time he was the Chairman of the Equal Employment Opportunity Commission where he . . .

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Taggart v. Lorenzen: Supreme Court Stakes Out Middle Ground on Contempt Standard for Discharge Injunction Violations, Leaves Clues About Automatic Stay Violations

June 16, 2019

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN) Introduction – The Taggart Ruling Last year, the Ninth Circuit in In re Taggart1 ruled that an act in violation of the discharge injunction did not empower a court to find a creditor in contempt, if the creditor believed in good faith that the discharge injunction did not apply—even if...

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A Chink in the Armor of TitleMax

Henry E. Hildebrand, III

October 27, 2024

Failure of TitleMax to re-perfect lien when first loan was “refinanced” and debtor made a new loan with TitleMax, precluded them from holding a perfected security interest in the automobile that originally served as its collateral would be unsecured.

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Passing of Retired Ohio Judge

The Academy

August 20, 2023

Passing of Retired Ohio Judge Judge Baxter was appointed United States Bankruptcy Judge for the Northern District of Ohio on December 16, 1985, and served in the Court’s Cleveland, Ohio location until his retirement in 2011. He served as Chief Judge between 2004 and 2008. Click here for obituary.

Taxpayers Should Beware of Property Lien Scam

October 6, 2019

With scam artists hard at work all year, taxpayers should watch for new versions of tax-related scams. One such scam involves fake property liens. It threatens taxpayers with a tax bill from a fictional government agency. Here are some details about the property lien scam that will help taxpayers recognize it: This scheme involves a letter threatening an IRS lien...

A Guide to the Small Business Reorganization Act of 2019 – Revised June 2022

Paul W. Bonapfel

November 9, 2022

Click here to see PDF – SBRA Guide June 2022 Compilation FINAL Click here to see PDF – SBRA May-June Supplement Final

2022 Bankruptcy Procedure Year in Review: Revised Statute and Rules and Selected Cases – Part 2 Rules Related to SBRA

Lawrence R. Ahern, III

November 13, 2022

Introduction This series reviews developments in bankruptcy procedure during 2022. Amendments to 16 rules and new one new rule take effect December 1, 2022, absent Congressional action. Many reflect changes necessitated by the Small Business Reorganization Act of 2019 (SBRA),1 and have been in place in the same or similar form on an interim basis since that legislation took effect.

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Game Stop: Dismissals with Prejudice

Michael B. Joseph

May 8, 2022

Faced with abusive and serial bankruptcy cases,courts have fashioned various sanctions to put a stop to gaming the system. The favored sanction of the majority of courts is to enter an order of dismissal with prejudice under Section 349(a) of the Bankruptcy Code that adds a condition prohibiting refiling another bankruptcy case for a set period of time. See Lundin...

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More Federal Student Loan Debt Relief is Coming

Scott Waterman

March 24, 2024

An ordinary title for a very NON-ordinary article! A computer program which will accurately predict whether a borrower will default and relief extended based on the data. WHAAAT???

FDIC and OCC Proposals Threaten Expansion of Predatory Lending

January 19, 2020

Two new proposals from the Federal Deposit Insurance Corporation (FDIC) and the Office of the Comptroller of the Currency (OCC) could make it easier for payday and other high-cost lenders to use banks as a fig leaf, allowing online lenders to offer predatory loans at interest rates that are prohibited under state law. Online lenders have become increasingly bold in...

How to Manage Incompetent, Unprepared, and Unreasonable Creditor Bankruptcy Counsel

The NACTT Emeritus Trustees

March 19, 2023

Recently, the Emeritus Trustees (“ETC”) commented on “How to Manage Incompetent, Unprepared, and Negligent Bankruptcy Counsel”. We now turn to ETC to share their collective wisdom when addressing the issues raised by incompetent, unprepared and unreasonable creditor counsel. CREDITOR ATTORNEY REPRESENTATION ISSUES Several ETC Trustees list the following as problematical during their tenure. Attorney claims lack of authority from creditor...

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