From the Editor – Discharge and Dischargeability • NACTT Academy

From the Editor – Discharge and Dischargeability

By The Honorable William Houston Brown (Retired)

Marital settlement agreement’s obligation to hold spouse harmless from credit card debt gave rise to implied indemnity right for purposes of § 523(a)(15). Under California law, the Chapter 7 debtor’s promise in marital settlement agreement to pay credit card debt and hold wife harmless was enforceable, even though the agreement did not include indemnification language. Section 523(a)(15) does not require that the obligation be paid directly to the former spouse, and under California law, the debtor’s obligation was an implied indemnification claim. The . . .

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Critical Case Comment – What About a Zero Value Junior Lien?

Henry E. Hildebrand, III

November 5, 2023

Bankruptcy Court has authority to compel implementation of a confirmed Chapter 13 plan which, at its end required the release of a junior lien which had been given no value; attorney’s fees would be awarded to debtors’ counsel for pursuing the release.

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Meet New Trustee Brian Tucci

Nicole P. Novak

August 14, 2022

In April, Brian Tucci started his appointment as the Chapter 13 Standing Trustee for Baltimore, Maryland. He is a native Marylander with deep roots in the Maryland bankruptcy community. Brian succeeded the late Robert S. Thomas, II and Robert’s predecessor, the late Ellen Crosby. Brian earned his undergraduate degree at the University of Maryland and his J.D. at Western Michigan...

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Covid-19 and the 7 Year Plan

March 29, 2020

By Ken Siomos, Staff Attorney for Marsha L. Combs-Skinner (Newman, IL) A small part of the recently passed “Cares Act” is the ability of Chapter 13 debtors experiencing a “material financial hardship” as a result of the covid-19 pandemic to modify their plan to 84 months.i Many Chapter 13 Trustee’s are likely anticipating a series of Chapter 13 Plan defaults...

ABI Commission on Consumer Bankruptcy – Dischargeability of Homeowner Association Fees

May 19, 2019

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN) Homeowner association fees that obligate homeowners of condominium and planned unit developments can be a substantial obligation that accrue on a monthly basis. These obligations are generally a burden when a debtor files for bankruptcy relief. To be fair, homeowners’ associations provide a significant benefit to homeowners. Exterior maintenance,...

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Director’s Awards Recognize 19 Employees for Leadership, Service

The Academy

December 10, 2023

Congratulations to all but specifically the two bankruptcy courts with recognized recipients!

Getting to Know Bankruptcy Through a Different Lense: My Experience as an Intern for a Chapter 13 Trustee

Tarynn Grundy

August 25, 2024

“. . . , seeing the staff, debtor, and creditor attorneys in litigation was captivating. I was able to witness a few attorneys zealously advocate for their clients.”

Special Counsel 101: Getting Paid and Protecting Clients

Nicole P. Novak

May 1, 2022

The Bankruptcy Code imposes many duties on attorneys. One such duty requires attorneys to disclose compensation for services in contemplation of, or in connection with a bankruptcy case.1 Debtor attorneys know to disclose their fees at the start of the case. Attorneys that forget to timely file a compensation disclosure typically receive a gentle reminder to do so. However, in...

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Bankrupt Attorney Cannot Discharge State Court Sanctions

Nicole P. Novak

September 11, 2022

In a recent opinion, the 9th Circuit BAP affirmed a bankruptcy judge’s decision that sanctions order by a state court were nondischargeable under § 523(a)(6)i and that the state court proceeding precluded litigating the issue in bankruptcy.ii The sanctions originate from a California doctor’s defamation suit against two former patients. The Doctor initiated the action against two women who wrote...

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Foreclosure Sales as Fraudulent Transfers: Study Summary

Edward C. Boltz

June 9, 2024

Attorney Boltz shares a summary of a new study which looks at the Supreme Court ruling that noncollusive, regular foreclosure sales aren't voidable by a bankruptcy trustee, but collusive or irregular sales can be challenged by unsecured creditors, who can cloud the title if fraud is involved. The study explores when these sales can be avoided.

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Small Business Reorganization Act

September 29, 2019

By The Honorable Hannah Blumenstiel Yes, MORE on SBRA. We realize that to attorneys February of 2020 seems a LONG way away but it really isn’t. We are building our library on this important legislation so it is available when YOU are ready for it. In this week’s installation, Judge Blumenstiel, analyzes the legislation. The first two and a half...

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