From the Editor – An Assortment

By The Honorable William Houston Brown (Retired)

Conversion - Earnings of individual Chapter 11 debtor revert to debtor on conversion to Chapter 7. The case was converted from Chapter 7 to 11 and then reconverted to 7, and the individual debtor received a bonus from personal services that was property of the Chapter 11 estate. Disagreeing with courts deciding otherwise, on reconversion to Chapter 7, the Bankruptcy Appellate Panel concluded that “there is no reason to treat chapter 11 debtors differently than chapter 13 debtors in this context.” The bonus that would have been property of estate . . .

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Thoughts on Zealous Advocacy Part 2

The Honorable Cynthia A. Norton

July 19, 2026

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

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Sibling Rivalry: The Power of 11 USC § 363(h)

Michael B. Joseph

August 3, 2025

When siblings clash over inherited property or other co-owners get crosswise, § 363(h) provides a powerful tool to resolve disputes, force sales, and bring finality to long-standing family battles over ownership.

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Fraud Imputed to Partner – Bartenwerfer v. Buckley

The Honorable William Houston Brown

February 26, 2023

On February 22, the Supreme Court issued its opinion in Bartenwerfer v. Buckley, 598 U.S. _____, 2023 WL 2023 WL 2144417 (Feb. 22, 2023), affirming the Ninth Circuit’s decision and resolving “confusion in the lower courts on the meaning of § 523(a)(2)(A).”1 Two Justices joined the opinion with the understanding that the Court was only addressing fraud in the context...

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Notice vs. Service: Inbox Isn’t the Mailbox

Henry E. Hildebrand, III

April 12, 2026

Providing notice of a claim objection by sending it and the hearing notice to a designated email address does not satisfy the service requirements of FRBP 3007(a).

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In the Greatest Hits Department . . .

The Academy

May 26, 2024

The Case of the Naked Client: In December of 2023 Cathy Moran brought readers this great exhortation to debtor attorneys to be very careful when completing a petition. What ISN’T there may be as important as what is there!

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Be Sure Your Sins Will Find You Out

Henry E. Hildebrand, III

September 15, 2024

Failure of a Chapter 13 debtor to disclose the existence of a cause of action which accrued prior to or shortly after the filing of the petition merits dismissal of the case with a one-year bar against a subsequent bankruptcy filing.

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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.

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

Lawrence R. Ahern, III

October 4, 2020

2020 portends a flood of bankruptcy filings. In the consumer bankruptcies, trustees and debtors' counsel often are uncomfortable with the rules in Article 9 of the Uniform Commercial Code (UCC). In this space, we have looked at topics involving the interplay of Article 9 and the Bankruptcy Code, and in this new series, we began reviewing Article 9's important rules related to consumer transactions.

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No Room for Error? Determining Whether Your “Secured” Creditor Has a Fatally Deficient UCC-1

March 22, 2020

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN) Click here for Part I Click here for Part II Part III - Description of Collateral Introduction The . . . It looks like you are not signed in or registered! This content is only available to members. Join Now Or sign in below: Username or Email Password Remember me...

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Rule 12(b)(1) Dismissal

Tara Trevorrow

April 7, 2024

This article looks at Rule 12(b)(1) by presenting a three-question test synthesizing decades of Eleventh Circuit case law.

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From the Editor – An Assortment

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Related Articles

Thoughts on Zealous Advocacy Part 2

Sibling Rivalry: The Power of 11 USC § 363(h)

Fraud Imputed to Partner – Bartenwerfer v. Buckley

Notice vs. Service: Inbox Isn’t the Mailbox

In the Greatest Hits Department . . .

Be Sure Your Sins Will Find You Out

NDC Small Sponsorship Program

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

No Room for Error? Determining Whether Your “Secured” Creditor Has a Fatally Deficient UCC-1

Rule 12(b)(1) Dismissal

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