Supreme Court Accepts Cert in Wellness Int'l Net-Work, Ltd v. Sharif • NACTT Academy

Supreme Court Accepts Cert in Wellness Int’l Net-Work, Ltd v. Sharif

By M. Jonathan Hayes, Certified Bankruptcy Specialist (Northridge, CA)

The Wellness case will likely be known, at least informally, as Bellingham II as it deals with the issue of consent of parties where the Bankruptcy Court has no proper authority to issue a final judgment. Oral argument will likely be in December this year.

Wellness Int'l Net-Work, Ltd v. Sharif, 727 F. 3d 751 (7th Cir. 2013)

Issue: 1. Does bankruptcy court have the statutory power, under § 157, to enter final judgment where the plaintiff is seeking a ruling that . . .

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.

Bridging Relationships: Everyone Benefits

The NACTT Emeritus Trustees

June 11, 2023

Chapter 13 Trustees occupy unique positions. Every day they work with the courts, clerks’ offices, debtors, creditors, and their attorneys, and the Office of the United States Trustees. Within ethical bounds, it is important that Chapter 13 trustees build and maintain relationships with each of these constituents. Civility, professionalism, and trust are the mainstays for all of these interactions. We...

Members

Measuring Success in Chapter 13: Successful Dismissals and Conversions

Honorable Brian D. Lynch

July 16, 2023

A. Introduction When should we regard dismissal or conversion of a chapter 13 as an unsuccessful bankruptcy? The arguments are familiar.Chapter 13 is the easiest, quickest, and cheapest way to stop foreclosures, repossessions, and garnishments by creditors.Desperate debtors can file a chapter 13 case without schedules, statements, or a plan and buy themselves a stay for a short period. And...

Members

Hanging Paragraph, Cars for Non-Personal Use, and PMSI

November 3, 2019

By Gretchen Holland, Standing Chapter 13 Trustee for the Greenville/Spartanburg Division of South Carolina The hanging paragraph of § 1325(a)(9) prevents bifurcation of a PMSI claim if the collateral securing it was purchased within certain time periods prepetition. A 910-day limitation applies to motor vehicles acquired for the debtor’s personal use. A one-year limitation applies to all other PMSI collateral,...

Members

For You, What Is the Best Part About Retirement

The NACTT Emeritus Trustees

March 3, 2024

We were curious about what our NACTT Emeritus Trustees have been doing in retirement. How have they been spending their time since making the decision to retire and moving on from the daily challenges as a Chapter 13 Trustee. Here are their replies to our inquiry:

SBRA – The Sequel: Leases in Bankruptcy Under the Consolidated Appropriations Act, 2021

February 21, 2021

By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN) Introduction The Academy has focused at length on the Small Business Reorganization Act of 2019 (SBRA).1 SBRA deals on its face with a non-consumer topic, but it is of interest also to Chapter 12 and 13 trustees and debtors, creating a new, more debtor-friendly subchapter V of Chapter 11 for...

Members

Critical Case Comment – Watch for Opportunities to Bifurcate Home Mortgage Claims

Henry E. Hildebrand, III

August 21, 2022

Where a Chapter 13 plan treats a claim as secured only by the debtor’s mobile home under § 506 and not real property, the effect of a notice of fees, costs and charges is irrelevant. (Coleman) In re White, 2022 WL 2826531 (Bankr. S.D. Ga. July 19, 2022) Case Summary Shalonda White filed a Chapter 13 petition in July of...

Members

What I Learned about Bankruptcy on Facebook

Cathy Moran

November 17, 2024

For nearly a year, I’ve been hanging out on a Facebook “bankruptcy support” group. It’s a world full of misunderstanding, fear, and anguish. But it’s also clear to me that our profession can learn some things from that stew, both individually and collectively. We need to work together to fix the disconnect. Ideas? We would love to hear them.

Members

In the Greatest Hits Department . . .

The Academy

May 26, 2024

Staff Attorney Jeff Leforce brought us this case back in January of 2022 . . . When is Enough, Enough? Pro Se Dismissed with Extended Prejudice (and Violates Bar)

Members

Sugar’s Soured Misstep Equals Sanctions

Henry E. Hildebrand, III

April 6, 2025

Sanctions were appropriate against debtor’s counsel for advising the debtor that she could sell her residence without obtaining court approval as required by local rule when the residence had been listed as “exempt” in the petition and the plan provided that the property vested in the debtor at confirmation.

Members

In the Trenches: Secrets to Settlement – Competency in the Courtroom Part 2 of 3

June 16, 2019

By Jan Hamilton, Chapter 13 Trustee (Topeka, KS) Click here for Part 1 of 3 8. Early Preparation for Trial As suggested, the best way to settle a case is to be willing to try that case, which means you must prepare from the get go. That preparation begins a long time before the eve of trial, namely, at the...

Members