From the Editor – An Assortment • NACTT Academy

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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Meet the Newest Trustee

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By Academy Staff On October 1, 2020, Jonathan W. DeLoach was appointed as a Chapter 13 Standing Trustee for the Middle District of Georgia. He inherited a razor-sharp trusteeship vacated by retiring Kristin Hurst. Jon, as he prefers to be called, received his Bachelor of Arts in History in 1988 from Emory University in Atlanta, Georgia. He is a National...

ABI Commission on Consumer Bankruptcy – Definition of “Tax Return” for Purposes of Nondischargeability

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By Henry E. Hildebrand, III and Sloan Hastings Section 523(a)(1) excepts from discharge taxes that are priority claims under § 507(a)(8). One of § 507(a)(8)’s provisions makes debts not dischargeable for income taxes requiring the filing of a tax return due during the three years prior to filing bankruptcy. It is this “recent years taxes nondischargeable” moniker that leads many...

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CFPB Announces Action Against Monster Loans, Lend Tech Loans, and Associated Student Loan Debt-Relief Companies

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January 9, 2020, the Bureau filed suit against several companies and individuals involved in offering student loan debt-relief services for allegedly obtaining consumer reports illegally, charging unlawful advance fees, and engaging in deceptive conduct. The Bureau’s action is against a mortgage lender called Chou Team Realty, LLC, which does business as Monster Loans (Monster Loans); an allegedly sham mortgage brokerage...

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Critical Case Comment – “Extraordinary” Key to Set Aside Dismissal

Henry E. Hildebrand, III

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Chapter 13 debtor must demonstrate extraordinary circumstances to justify the extraordinary relief of setting aside or “reconsidering” an order dismissing a Chapter 13 case. (Cary) In re Canas, 2022 WL 10707000 (Bankr. D. Ma. October 18, 2022) Case Summary Nelson and Annemarie Canas filed a Chapter 13 petition in August of 2019. The debtors immediately fell behind on their proposed...

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Brittani Bushman

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(Used with expressed permission from the MI Bankruptcy Journal and the Steven W. Rhodes Consumer Bankruptcy Conference) III. Contrasting the Majority and Minority Interpretations The majority and minority approaches differ as to (1) the interpretation of the use of "collect" in § 586(e); (2) the operative effect of parallel provisions in chapters 11 and 12 on the interpretation of §...

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On October 1, 2018, Dynele L. Schinker-Kuharich was appointed as a Chapter 13 Standing Trustee for the Northern District of Ohio. She maintains her offices in Canton. Ms. Schinker-Kuharich replaces retiring Toby Rosen who served in this position for 30 years. Prior to her appointment as a Standing Chapter 13, Schinker-Kuharich was on the panel of Chapter 7 Trustees for...

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By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN) PART III: The Lower Courts Struggle with Arbitration Guidelines Introduction Click here for Part I Click here for Part II

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Two Supreme Court Decisions with Effects on Bankruptcy Practice

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By William Houston Brown, Adviser, Academy for Consumer Bankruptcy Education, Inc. and Lawrence R. Ahern, III, Brown and Ahern (Nashville, TN) In two February opinions, the Supreme Court addressed issues that appear in bankruptcy cases, one dealing with a common practice of entering nunc pro tunc orders and the other affecting determination of property rights under state law. In a...

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