From the Editor

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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I Feel A Change Coming On (Song by Bob Dylan, 1964)

January 24, 2021

By Merideth Akers, CPA, PHR, Comptroller for Bradford W. Caraway (Birmingham, AL) The Covid-19 pandemic postponed the 2020 Masters Golf Tournament, originally scheduled for early spring. It was eventually held November 12th through 15th. The winner was Dustin Johnson. Additionally, the 2020 Wimbledon Tennis Tournament was cancelled for the first time since 1945 (due to World War II). For the...

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Tax Time Guide: Contribute to an IRA by April 15 to claim it on 2018 tax returns

March 24, 2019

3/19/19 IRS reminded taxpayers that it’s not too late to contribute to an Individual Retirement Arrangement (IRA) and still claim it on a 2018 tax return. Anyone with a traditional IRA may be eligible for a tax credit or deduction on their 2018 tax return if they make contributions by April 15, 2019. This news release is part of a...

Done with Taxes This Year? Use 2018 Return to Get 2019 Withholding Right

May 5, 2019

Millions of taxpayers filed a 2018 tax return in the last few weeks, making now a prime time for everyone to consider whether their tax situation came out as they expected. If it didn’t, they can use their recently finished 2018 return and the IRS Withholding Calculator to do a Paycheck Checkup and adjust their withholding. Checking and then adjusting...

March 17, 2019

By Wm. Houston Brown, United States Bankruptcy Judge (Retired) Confirmation - Bankruptcy court could not sua sponte object to confirmation. Distinguishing between “self-executing” provisions of the Code and those sections that were not “self-executing,” and discussing Espinosa’s impact on that distinction, District Court held that the bankruptcy court could not sua sponte object to confirmation based on the above- median...

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Drummond Receives Professionalism Award

August 18, 2019

By Regina Logsdon, Executive Director, The Academy d/b/a ConsiderChapter13.org Robert (“Bob”) G. Drummond has been the only standing Chapter 13 Trustee for the District of Montana since 1992. Originally from Montana, Mr. Drummond graduated from Montana State University with a Bachelor of Science degree in Agricultural Business, and received a Juris Doctorate in Law with Honors from the University of...

How My Law Firm Learned to Stop Leaving Money on the Table Part 2 – The “Other Appropriate Relief” of Rule 3001

Mark C. Leffler

May 8, 2022

At my firm, we see a lot of consumers who have some combination of high debt and low income. Many of them arrive for their consultations after having been abused by debt collectors and predatory lenders, harmed by mortgage servicing errors, or subjected to inaccurate and derogatory credit reporting. Until fairly recently, after filing bankruptcies for these folks, we usually...

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The Hanging Paragraph – Hanging on Every Word Part 1 of 4

June 14, 2020

By Anthony J. Gomez, CPA, former extern to the Honorable John P. Gustafson, Northern District of Ohio at Toledo I. Cramdown Pursuant to 11 U.S.C. §1325(a)(5)(B) Section 1325(a) sets forth the requirements for a court to confirm a chapter 13 bankruptcy plan. In respect to each secured claim provided for in a plan, 11 U.S.C. §1325(a)(5) provides the following three...

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Millions of ITINs Set to Expire in 2019; IRS Says Renew Early to Prevent Refund Delays

June 23, 2019

Nearly 2 million Individual Taxpayer Identification Numbers (ITINs) are set to expire at the end of 2019 as the IRS continues to urge affected taxpayers to submit their renewal applications early to avoid refund delays next year. “We urge taxpayers with expiring ITINs to take action and renew the number as soon as possible. Renewing before the end of the...

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

January 17, 2021

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN) PART VII – CONSUMER CREDITORS' PENALTIES FOR VIOLATIONS OF FORECLOSURE AND OTHER ARTICLE 9 RULES Introduction In this space, we have looked at numerous topics involving the operation of Article 9 of the Uniform Commercial Code (UCC) in bankruptcy; in the current series, we are reviewing Article 9's important rules...

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The Dangers of Extending a Plan Too Long – Or Alternatively, Why Take as Little Time as Possible

April 26, 2020

By Joseph A. Bledsoe, III, Chapter 13 Standing Trustee for the Eastern District of North Carolina (New Bern) Under section 1113(b)(1)(C) of the CARES Act, upon the request of a debtor, and after notice and a hearing, a plan confirmed may be extended up to 7 years from the date the first payment under the original plan came due if...

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From the Editor – An Assortment

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Related Articles

I Feel A Change Coming On (Song by Bob Dylan, 1964)

Tax Time Guide: Contribute to an IRA by April 15 to claim it on 2018 tax returns

Done with Taxes This Year? Use 2018 Return to Get 2019 Withholding Right

From the Editor

Drummond Receives Professionalism Award

How My Law Firm Learned to Stop Leaving Money on the Table Part 2 – The “Other Appropriate Relief” of Rule 3001

The Hanging Paragraph – Hanging on Every Word Part 1 of 4

Millions of ITINs Set to Expire in 2019; IRS Says Renew Early to Prevent Refund Delays

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

The Dangers of Extending a Plan Too Long – Or Alternatively, Why Take as Little Time as Possible

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