From the Editor – Applicable Commitment Period

By The Honorable William Houston Brown (Retired)

Fourth Circuit holds that above-median debtor must maintain 60-month plan. The above-median debtors, who had negative disposable income, proposed a plan that contained early termination language permitting completion in 55 months, but that would not pay unsecured creditors in full. The bankruptcy court denied confirmation and direct appeal to the Fourth Circuit resulted in holding that the applicable commitment period is a temporal requirement. Such debtors must either maintain a full 60-month plan or pay unsecured creditors in full. In dicta, the court also stated . . .

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Pump the Brakes: Bad Faith Debtors Are Not Gaming the System (Part II)

January 27, 2019

By Kathryne M. Shaw1 Boleman Law Firm, P.C. (Virginia Beach, VA) Click here for Part 1 In Part I of this article, we reviewed In re Holman, in which the debtors violated their confirmation order and exhibited bad faith . . . It looks like you are not signed in or registered! This content is only available to members. Join...

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New Trustee Named

The Academy

September 10, 2023

Andrew B. Finberg has been appointed as a Chapter 13 Standing Trustee for the District of New Jersey. Finberg is picking up the mantle left by happily retiring Isabel Balboa.

Creditors’ Rights and Debtors’ Protections at the Intersection of Consumer Bankruptcy and UCC Article 9

November 29, 2020

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN) PART VI – CONSUMER FORECLOSURE PROCEDURES (CONCLUSION) Introduction In the consumer bankruptcy field, trustees and debtors' counsel often are uncomfortable with the rules in Article 9 of the Uniform Commercial Code (UCC). In this series for the NACTT Academy, we have looked at numerous topics involving the interplay of Article...

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Taxes & Timing: Calculating Outcomes for Bankruptcy Debtors

Cathy Moran

December 19, 2021

Bankruptcy lawyers regularly evaluate the dischargeability of taxes when deciding when to file a client’s bankruptcy case. At base, the 3 year rule, the 2 year rule, and the 240 day rule routinely drive timing of a bankruptcy. But as we approach the end of the tax year, a client’s current year tax situation becomes another moving part in the...

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Special Counsel 101: Getting Paid and Protecting Clients

Nicole P. Novak

May 1, 2022

The Bankruptcy Code imposes many duties on attorneys. One such duty requires attorneys to disclose compensation for services in contemplation of, or in connection with a bankruptcy case.1 Debtor attorneys know to disclose their fees at the start of the case. Attorneys that forget to timely file a compensation disclosure typically receive a gentle reminder to do so. However, in...

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Ensure You Understand Insurance in Bankruptcy

March 17, 2019

By Cathy Moran, Esq. (Redwood City, CA) Because its treatment varies so, we need to be asking more pointed questions of clients about both insurance policies and the debtor as beneficiary. Unmatured life insurance Starting with exemptions, §522(d)(7) makes an unmatured life insurance policy exempt without limit. So, the insurance element of a policy owned by the debtor is exempt...

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Judicial Year in Review 2021: A Quick Look at Revised Rules and Selected Case – Part 2 Selected Cases under Parts I-III of the Federal Rules of Bankruptcy Procedure

November 21, 2021

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN) Introduction Following Part 1's review of the December 1, 2021, changes in the Federal Rules of Bankruptcy Procedure, this Part 2 presents a digest of selected judicial decisions of interest for their procedural import arising under Parts I-III of the Federal Rules of Bankruptcy Procedure. Digest of Selected Judicial Decisions

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A Fond Farewell

Marie-Ann Greenberg

August 20, 2023

Wishing our dear friend and colleague, Isabel Balboa, a hearty congratulations on her upcoming retirement. As many of you know, Isabel came to the United States from Cuba at the age of 6 with her mother and sisters. Upon leaving Cuba, they were forced to leave everything behind for fear that they would be caught and detained. Her father was...

Eleventh Circuit Adopts the Path of Leased Resistance in Chapter 13

August 2, 2020

By Chris Hawkins, Bradley Arant Boult Cummings LLP (Birmingham, AL) The United States Court of Appeals for the Eleventh Circuit recently issued an opinion that may have far-reaching procedural implications for debtors and trustees in Chapter 13 cases. In Microf LLC v. Cumbess, the court articulated multiple canons of statutory interpretation in holding that a chapter 13 debtor’s proposal to...

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Critical Case Comment

January 19, 2020

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville) Chapter 7 debtor may successfully discharge student loan obligations by satisfying the basic holding of Brunner v. N.Y. State Higher Education Servs. Corp. rather than satisfying the judicial gloss added by subsequent decisions. Rosenberg v. N.Y. State Higher Education Servs. Corp., 2020 WL 130302...

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