Forgive Us Our Debts as We Forgive Our Debtors: Bankruptcy and the Bible

By Attorney O. Max Gardner, Shelbyville, North Carolina

Dalton Camp proclaimed several years ago that, "having lost its value, money may no longer be the root of all evil; credit having taken its place." This statement demonstrates the paradox of modern day religion and debt - should our reaction be one of condemnation or one of compassion? Since many recent respected studies have shown that the average American family is only three weeks away from personal bankruptcy, and new legislation that will deny bankruptcy relief to hundreds of . . .

It looks like you are not signed in or registered! This content is only available to members.

Or sign in below:

No Author Biography has been linked to this Article.

From the Editor – Avoidance

September 22, 2019

By The Honorable William Houston Brown (Retired) Tax foreclosure sale avoided as preference. Affirming the District and Bankruptcy Courts, at 571 B.R. 662 and 588 B.R. 394, the Third Circuit held that the Chapter 13 debtors could avoid a pre-petition tax foreclosure sale as a preferential transfer. The township held a properly noticed tax sale at public auction, which resulted...

Members

Fond Farewell to Danny O’Brien

The Academy

September 25, 2022

Dear Danny, We know that you would not want a tribute – it’s simply not who you are. But we couldn’t let this moment pass without acknowledging how admired and respected you are. We will all miss you and are better for having known you. You are a stellar example of what all humanity should strive to be. As a...

Critical Case Comment – What About a Zero Value Junior Lien?

Henry E. Hildebrand, III

November 5, 2023

Bankruptcy Court has authority to compel implementation of a confirmed Chapter 13 plan which, at its end required the release of a junior lien which had been given no value; attorney’s fees would be awarded to debtors’ counsel for pursuing the release.

Members

Expectations for the 341 Meeting of Creditors

Martha G. Bronitsky

October 6, 2024

This week Trustee Bronitsky brings subscribers an excellent checklist on conducting 341’s – yes, we know, unless you are new to consumer bankruptcy practice you’ve been doing them for years but chances are you too need this reminder!!

Members

Chapter 13 No-Look Fees

The NACTT Emeritus Trustees

December 10, 2023

As a follow-up to The Academy’s December 3, 2023, issue, three Emeritus Trustees weighed in. Last week’s issue included Cathy Moran’s Chapter 13 NoLook Fees: The Horns of a Dilemma and Trustee Hildebrand’s You Gotta Fix Your Own Screw-ups, On Your Own Dime. You may also want to take note of the comments on each article and add your own.

Members

Critical Case Comment – Prime vs. Riskless Treasury Rate

Henry E. Hildebrand, III

May 28, 2023

In determining the appropriate “present value” factor to be added to the payment of a secured claim in a Chapter 12, the Court should look at the “riskless” treasury rate rather than the “prime rate” before enhancing it with a risk factor. (Ebinger) Farm Credit Services of America v. Topp, 2022 WL 2981590 (S.D. Iowa, July 19, 2022) Case Summary...

Members

Ask Ms. Ps and Qs

March 15, 2020

By Professor Nancy Rapoport, University of Nevada Dear Readers: The marvelous, indefatigable Regina Logsdon just forwarded me this hypothetical: Post-confirmation, debtor/client gets upset with attorney. Let’s assume for this scenario that the attorney hasn’t done anything wrong – perhaps just a difference of opinion on a plan modification (or not). Debtor/client says ugly things to attorney – name-calling, etc. THEN...

Members

The New DOJ/DOE Guidance for Student Loan Bankruptcy Litigation: Promising Early Results

Honorable Brian D. Lynch

March 17, 2024

“The problem in the past for student loan borrowers in bankruptcy has been that hardship discharge litigation has been complex, expensive and arbitrary. . . . The new guidance has simplified the process.”

Members

Leading a Winning Team

Merideth Akers

February 13, 2022

Bowl games… playoff games… championship games… Super Bowls. We start each New Year with a football craze. So what organizational lessons can we learn from football… other than do not spike the ball on fourth down to stop the clock? First, football is played as a team. Highly functioning teams win championships, while dysfunctional teams lose games and the coach...

Members

Another Defeat of Bifurcated Chapter 7 Fees

The Honorable William Houston Brown

February 11, 2024

Recent case authority has not been favorable for consumer debtor attorneys seeking approval of bifurcated fees in Chapter 7 cases.

Members

Forgive Us Our Debts as We Forgive Our Debtors: Bankruptcy and the Bible

Link to Post:

It looks like you are not signed in or registered! This content is only available to members.

Or sign in below:

Related Articles

From the Editor – Avoidance

Fond Farewell to Danny O’Brien

Critical Case Comment – What About a Zero Value Junior Lien?

Expectations for the 341 Meeting of Creditors

Chapter 13 No-Look Fees

Critical Case Comment – Prime vs. Riskless Treasury Rate

Ask Ms. Ps and Qs

The New DOJ/DOE Guidance for Student Loan Bankruptcy Litigation: Promising Early Results

Leading a Winning Team

Another Defeat of Bifurcated Chapter 7 Fees

Academy

Members

Website

Legal

Looking to Become a Member?

Webinars

Member Articles

Industry News

To get started, please let us know which of these best fits your current position: