The Toolbox 2.1 - Basics For Chapter 13 Staff Attorneys

The Toolbox 2.1 – Basics For Chapter 13 Staff Attorneys – Part 8 of 18

Developed by John Gustafson prior to Judicial Appointment click here for part 1, click here for Part 2, click here for part 3, click here for part 5, It looks like you are not signed in or registered! This content is only available to members.

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Rollin’ Rollin’ Rollin’ – Whether a Motor Home Qualifies for the Homestead Exemption as a Mobile Home?

Tiaon Michele Lynch

April 28, 2024

“Although exemptions are meant to be interpreted liberally; this issue may become increasingly complex with the rise of remote work such as traveling nurses.”

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The Dollar Dance: Boosting Deductions in Bankruptcy’s Means Test

Cathy Moran

November 24, 2024

“Every extra dollar deduction you can wring out on bankruptcy’s means test is important. A dollar doesn’t sound like a lot, . . . Every $100 saves $6000. Get the picture?”

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Trustee’s Broad Duty to Disclose Information to Interested Parties under Section 704(a)(7) of the Bankruptcy Code – Law Review by Jose Cardoz

Edward C. Boltz

October 13, 2024

While this article actually looks at Chapter 11 trustees, there are implications for 13 trustees here as well.

Critical Case Comment

October 18, 2020

By Henry E. Hildebrand, III, Chapter 13 Trustee (Nashville, TN) There is no requirement to show a change in circumstance in order to modify a Chapter 13 plan pursuant to § 1329. Whaley v. Guillen (In re Guillen), 2020 WL 5015287 (11th Cir. Aug. 25, 2020) (Marcus) Case Summary Rachel Guillen filed a Chapter 13 petition in August of 2015....

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Bankruptcy Court Strikes Back: Awarding $825,940.55 in Sanctions for Bad Faith Filing

M. Jonathan Hayes

March 24, 2024

Bankruptcy Court in Texas awards sanctions of $825,940.55 for bad faith filing and prosecution of a proof of claim. (Yes it’s an 11 but still, $825k!)

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Chapter 13 And Death: Discharge or Dismissal?

Michael B. Joseph

December 15, 2024

“It is said that nothing is certain except for death and taxes, but today the Court is asked a question about death and discharge, for which there is some uncertainty in the Chapter 13 context.”

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From the Editor – Fair Debt Collection Practices Act

February 2, 2020

By The Honorable William Houston Brown (Retired) Limitations period for actions under FDCPA. Construing the statute of limitations for actions against debt collectors under the Fair Debt Collection Practices Act (FDCPA), the Supreme Court held that “absent the application of an equitable doctrine, the statute of limitations in § 1692k(d) begins to run on the date on which the alleged...

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

January 20, 2019

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN) PART I: Statutes, Rules & Supreme Court (In)actions Introduction Click here for Part II Click here for Part III Click here for Part IV What is the effect of an arbitration clause in bankruptcy? When . . . It looks like you are not signed in or registered! This content...

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Lessons From In Re Chase: Student Loan Discharge and Loan Consolidation

Rahaf Alrehaili, Esq.

January 5, 2025

A recent decision out of Maine underscores the strategic nuances of discharging student loans in bankruptcy.

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2022 Bankruptcy Procedure Year in Review: Revised Statute and Rules and Selected Cases Part 6 Finality Versus a Residential Mortgagee: Espinosa and Nobelman Clash in the Eleventh Circuit

Lawrence R. Ahern, III

February 26, 2023

This Part 6 continues1 an analysis of judicial developments with a significant decision on finality of a Chapter 13 confirmation order. In re Bozeman Section 1327 of the Bankruptcy Code provides that a confirmed Chapter 13 plan binds the debtor and creditors to its terms.2 In In re Bozeman,3 the Court of Appeals for the Eleventh Circuit looked at a...

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