National Loss Mitigation Summit

By Tammy Branson CBA, Senior Paralegal at BransonLaw PLLC, Orlando, FL

On October 8, 2014 the first ever National Loss Mitigation Summit was held in Chicago, Illinois. The National Summit brought together bankruptcy judges, Chapter 13 trustees, debtor and creditor counsel, mediators, state attorneys general and major lenders - Wells Fargo Home Mortgage, Bank of America and JP Morgan Chase- and portal providers- DMM and Hope Loan Portal. Participants came from districts across the country that currently have programs and those that were interested in starting one.

The Great Recession has caused our Country to face a housing crisis . . .

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“Hey Judge, I Got a Story! AND the Money! Let Me Back into Chapter 13!” – Reinstating Dismissed Cases with FRBP 9024

Jeffrey Bruzek

May 11, 2025

In his indubitable yet fun style, Attorney Bruzek, brings subscribers a resource to flag for later reference.

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

January 19, 2020

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...

Arbitration in Bankruptcy: Reading Opinions & Tea Leaves in Recent Supreme Court & Lower Court Actions

February 17, 2019

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN) PART II: More Supreme Court Action on Arbitration Introduction Click here for Part I Click here for Part III Click here for Part IV What is the effect of an . . . It looks like you are not signed in or registered! This content is only available to members....

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Thinking About the “Two-Dismissal Rule”

M. Jonathan Hayes

November 3, 2024

“I had a profound thought - what in the world is the two-dismissal rule? I guess the 9th Circuit wondered the same thing because it affirmed . . . bankruptcy court’s dismissal of a debtor’s declaratory relief complaint against a bank on the basis that the debtor had previously filed three other cases and then voluntarily dismissed them.”

In Remembrance of Judge Theodor C. Albert

Scott C. Clarkson

August 10, 2025

“We remember and honor Theodor Albert not only for what he did, but for how he did it --with humor, humility, and heart.”

From the Editor – Lien Issues

September 15, 2019

By The Honorable William Houston Brown (Retired) Chapter 13 debtor had no authority under § 544. Discussing the split of authority, the Court adopted the majority view that the Code gives § 544 avoidance authority exclusively to the trustee, and the Chapter 13 debtor could not use that power to avoid a mortgage lien. In re Dobbs, _________B.R._________, 2019 WL...

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Chapter 13 Trustee Duties, Powers, And Limitations – Part 2

October 11, 2020

By James J. Robinson, Chief United States Bankruptcy Judge, Northern District of Alabama What are the statutory duties of the standing chapter 13 trustee? Bankruptcy Code §§ 1302 and 704 provide the statutory framework for the trustee’s duties, and provide as follows: 11 U.S.C. § 1302. Trustee (a) If the United States trustee appoints an individual under section 586(b) of...

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How to Build and Strengthen Your Chapter 13 Debtor Practice

The NACTT Emeritus Trustees

July 3, 2022

In these times of fewer case filings, it may be helpful to look at ways that debtor attorneys may build and strengthen their chapter 13 bankruptcy practice. The following are some recommendations and ideas from the Emeritus Trustee Committee:

Leaders Must Take Action to Halt Foreclosure Crisis for Minorities

August 23, 2020

NCLC’s Executive Director Rich Dubois and NAACP President and CEO Derrick Johnson are calling on Congress and federal regulators to take action to prevent an impending foreclosure crisis in communities of color, in an opinion editorial published yesterday in The Hill. The op-ed highlights how the cumulative impact of decades of housing policy discrimination on African American homeownership, coupled with...

The Untouchables – Starring Social Security Income

Nicole P. Novak

March 5, 2023

In a recent opinion, an Ohio bankruptcy court joined the majority of other courts by holding the Code excludes Social Security Act (“SSA”) benefits from disposable income.i The issue was brought before the Court by the Chapter 13 Trustee’s objection to confirmation. The objection to confirmation asserted the Debtors failed to commit all disposable income to their plan and included...

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