From the Editor – Chapter 7 Issues

By The Honorable William Houston Brown (Retired)

Means Test: Ability to pay 24% to unsecured established cause for dismissal. Under totality-of-circumstances test, United States trustee established that debtor had ability to pay 24% of unsecured debt in Chapter 13, and under In re Seafort, 669 F.3d 661 (6th Cir. 2012), after retirement plan loan would be repaid funds were then available to Chapter 13 plan. In re Pittman, ___ B.R. ___, 2014 WL 946570 (Bankr. S.D. Ohio March 10, 2014).

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The Honorable William Houston Brown retired . . .

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NDC Small Sponsorship Program

The Academy

August 24, 2025

The National Data Center provides small sponsorships of up to $2,000 for educational consumer bankruptcy seminars, when approved pursuant to its guidelines and when funds are available.

ABI Commission on Consumer Bankruptcy – Post-Petition Changes in Value

July 14, 2019

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN) One of the issues raised at the public hearings of the Commission concerned Chapter 7 trustees that would not take prompt action to abandon exempt or partially exempt assets but, would retain assets in the hope that there might be equity in the future to sell the asset for...

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Fast Track to Freedom: Judge Greenlights Early Payoff

Henry E. Hildebrand, III

January 5, 2025

Chapter 13 debtor has the right to modify a confirmed Chapter 13 plan to pay off the plan early; at modification the “best interest of creditors test” applies to the modified plan as of the effective date of the modification.

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IRS Updates Guidance for Deductible Business, Charitable, Medical and Moving Expenses

November 17, 2019

11/14/19, the IRS issued guidance for taxpayers with certain deductible expenses to reflect changes resulting from the Tax Cuts and Jobs Act (TCJA). Revenue Procedure 2019-46, posted today on IRS.gov, updates the rules for using the optional standard mileage rates in computing the deductible costs of operating an automobile for business, charitable, medical or moving expense purposes. The guidance also...

Bankruptcy Court Strikes Back: Awarding $825,940.55 in Sanctions for Bad Faith Filing

M. Jonathan Hayes

March 24, 2024

Bankruptcy Court in Texas awards sanctions of $825,940.55 for bad faith filing and prosecution of a proof of claim. (Yes it’s an 11 but still, $825k!)

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Reconversion to Chapter 13 – Betwixt and Between?

Michael B. Joseph

December 29, 2024

From January: “Is it possible to voluntarily convert a chapter 13 case to chapter 7, and later reconvert back to chapter 13? There is a split of authority on whether this maneuver is allowed.”

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

August 30, 2020

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN) PART II – BASICS OF PERFECTION OF SECURITY INTERESTS Introduction Current circumstances, with a pandemic and a recession, portend a wave of bankruptcy filings. In the consumer bankruptcy field, trustees and debtors' counsel often are uncomfortable with the rules in UCC Article 9. In this space, we have previously looked...

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Assessing the Ailing Business Post Pandemic

June 28, 2020

By Cathy Moran, Esq. (Redwood City, CA) Long after the human patients recover from the coronavirus, small businesses will still be ailing. And long nights will be spent deciding whether to try to stay in business. As bankruptcy lawyers, we’re going to see people in pain trying to assess what to do next. Business owners may see the exit heading...

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Judicial Year in Review 2021: Revised Rules and Selected Cases – Part 1 Amended Rules

November 7, 2021

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN) Introduction This year's changes in the Rules of Bankruptcy Procedure are summarized below. They will be followed, in Part 2, by a digest of selected judicial decisions in the past year of interest for their procedural implications. December 1, 2021, Amendments to Bankruptcy Rules 2005, 3007, 7007.1 and 9036 On...

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Passing of Our Friend

The Academy

March 29, 2026

It is with great sadness that we report the passing of Larry Ahern. He was a frequent contributor to ConsiderChapter13.org for many years but more importantly he was our friend. We already miss you, Larry.

From the Editor – Chapter 7 Issues

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Related Articles

NDC Small Sponsorship Program

ABI Commission on Consumer Bankruptcy – Post-Petition Changes in Value

Fast Track to Freedom: Judge Greenlights Early Payoff

IRS Updates Guidance for Deductible Business, Charitable, Medical and Moving Expenses

Bankruptcy Court Strikes Back: Awarding $825,940.55 in Sanctions for Bad Faith Filing

Reconversion to Chapter 13 – Betwixt and Between?

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

Assessing the Ailing Business Post Pandemic

Judicial Year in Review 2021: Revised Rules and Selected Cases – Part 1 Amended Rules

Passing of Our Friend

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