From the Editor – Chapter 7 Issues

By The Honorable William Houston Brown (Retired)

Means Test: Nondischageable student loans are not priority debts for means test. The mere fact that $240,000 student loan debt would be nondischargeable, in absence of undue hardship proof, did not make it priority debt for purposes of the means test calculation, nor did the fact that the student loan debt was substantial constitute a special circumstance—the debtors put on no proof to support special circumstance finding. In Matter of Martin, 505 B.R. 517 (Bankr. S.D. Iowa 2014).

________________________________

The Honorable William Houston . . .

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.

ABI Commission on Consumer Bankruptcy – Statement of Intention: Deadlines and Consequences

June 23, 2019

By Henry E. Hildebrand, III and Sloan Hastings Section 521(a)(7) requires a chapter 7 debtor to file a statement of intention for “debts secured by the property of the estate.” The debtor must choose to (1) reaffirm the debt, (2) surrender the collateral, or (3) redeem the collateral. Reaffirming the debt contractually binds the debtor to pay the debt even...

Members

Critical Case Comment–IRS and the “Innocent Spouse”

Henry E. Hildebrand, III

May 14, 2023

Bankruptcy courts lack jurisdiction to apply “innocent spouse” relief to determine the amount of a tax claim to be paid in a Chapter 13 case. (Taddonio) In re Geary, 2023 WL 2996720 (Bankr. W.D. Pa. April 19, 2023) Case Summary When a taxpayer signs a joint tax return with their spouse, the Internal Revenue Code is very clear. Both signatories...

Members

6 Steps to Ethical Unbundling of Bankruptcy Representation

March 21, 2021

By Cathy Moran, Esq. (Redwood City, CA) No matter how many hoops the client dutifully jumped through, without adequate inquiry and communication, the bankruptcy attorney was slammed for unbundling his services. The representation agreement at issue excluded representation in any adversary proceeding filed, as do most such agreements, I imagine. The client initialed every paragraph of the 19-paged representation agreement,...

Members

When “Solely” Means Solely: Why the Pearson Decision Matters for Private Student Loan Dischargeability

Jenny L. Doling

March 15, 2026

At the center of a recent decision argued by Attorney Doling is a deceptively simple word: “solely.” Doling shares how the Ninth Circuit BAP takes that word very seriously.

Members

From the Editor – Claims

October 20, 2019

By The Honorable William Houston Brown (Retired) Objection sustained to one-year late proof of claim. The mortgage creditor did not object to confirmation nor file a proof of claim until one year after the bar date in the Chapter 13 case. The trustee objected to the claim, which asserted a higher arrearage than provided for in the confirmed plan. Section...

Members

Thoughts on Zealous Advocacy: When Do Bankruptcy Lawyers Cross the Line? Part III Practical Takeaways from Parts I and II

The Honorable Cynthia A. Norton, The Academy

July 26, 2026

Last week we published the second Part of Judge Norton’s article on Zealous Advocacy. Part I discussed the History of Zealous Advocacy, and Part II examined how courts have discussed zealous advocacy. Part III identifies Practical Takeaways from the article. In the following weeks, we will post Judge Norton’s extensive Addendum of reported cases on Zealous Advocacy.

Members