Supreme Court Grants Cert

By Larry Foyle Kass Shuler, P.A., Tampa, Florida

The Supreme Court granted Certiorari petitions in two consolidated cases coming out of the 11th Circuit. Bank of Amer. v. Toledo-Cardona, 11th Cir. No. 14-163, and Bank of Amer. v. Caulkett, 11th Cir. No. 13-1421. The issues pertain to lien stripping in a Chapter 7 context. The 11th Circuit applied its Prior Panel Precedent Rule and was required to follow its Folendore decision from 1989 (a case that predates Dewsnup v. Timm 1992). The 11th Circuit determined in . . .

It looks like you are not signed in or registered! This content is only available to members.

Or sign in below:

No Author Biography has been linked to this Article.

Don’t Bank on Withdrawal

Cathy Moran

June 23, 2024

What do you know about FRBP 7041? Maybe younever gave it much thought. Here, Atty Moran shares her encounter with the rule which ended up at the 9th Circuit. She concluded that the “Withdraw” event on ECF enabled a trap for the unwary counsel and court.

Members

Supreme Court Corner: Does Equitable Estoppel Apply in a Fraudulent Conveyance Action?

M. Jonathan Hayes

July 7, 2024

Bailey v. Glover 1874 - When the trustee is required to bring an action to avoid a fraudulent conveyance within two years of the bankruptcy filing, does the active concealment of the transfer by the debtor and the transferees toll the running of the two-year statute of limitations to bring the action?

Members

Weighted Caseload: Why It Matters and How It Works and Doesn’t Work

Honorable Brian D. Lynch

December 31, 2023

“Currently, if a district’s weighted caseload is below one-thousand per the number of judges in that district . . . in all probability, recommend that the circuit not replace the judge.”

Members

The Cloud Cometh

Naliko Markel

October 23, 2022

The cloud seems to be all anyone wants to talk about these days in the tech field. I presented on it at the annual meeting in San Francisco this past summer and I presented on it at the first annual Region 9 I.T. Conference last month. I’m not tired of talking about it because the cloud is the future for...

Members

From the Editor – Plan Modification

March 21, 2021

By The Honorable William Houston Brown (Retired) For modification purposes, best interests test remains at petition date. In an examination of post-confirmation sale of the debtor’s home that yielded excess of homestead exemption, the Court concluded that the best-interests of creditors’ calculation was performed as of the petition date, rather than time of modification. Section 1329 does not provide a...

Members

In re Lazaro: Non-Monetary Default and § 1322(b)(5)

James M. Davis

June 4, 2023

Can a debtor provide for a non-debtor’s loan under § 1322(b)(5) even if the plan does not address a non-monetary default on the claim? In re Lazaro suggests the answer may be “yes.” In that case, the Court held not only that the Debtor’s plan could provide to cure a monetary default on a loan taken out by the Debtor’s...

Members

Paid in Full, But Title in Limbo

Henry E. Hildebrand, III

March 2, 2025

Debtor is not entitled to receive title to automobile, treated under the Chapter 13 plan, even though the claim is fully paid in accordance with the plan.

Members

Here Comes the Sun—and the Lawsuits: What Every Bankruptcy Lawyer Should Know About the Solar Fraud Wave Part 2 of 2

Mark C. Leffler

August 2, 2026

Consumer bankruptcy lawyers are seeing clients with solar panel debt. In Part 1, Mark Leffler provides a background for multi-district class action litigation in Minnesota and other enforcement actions by AG’s in Minnesota and Virginia concerning financing of rooftop solar panels. This, Part 2, examines legal issues underlying the fraud claims in the litigation.

Members

An Open Thank You Letter to NACTT – Reflections from a New(er) Trustee: My First Two Years

March 7, 2021

By Dynele Schinker-Kuharich, Chapter 13 Standing Trustee (Canton, OH) I vividly remember getting the call that I was to be appointed as a Standing Chapter 13 Trustee (effective October 1, 2018). I was so honored, and humbled, and excited. At the time I was a panel Chapter 7 Trustee, but my heart had always been in Chapter 13. As corny...

The Kill Switch and The Stay

July 11, 2021

Kara K. Gendron, Esquire, Mott & Gendron Law (Harrisburg, PA) A “kill switch” is a device which can be used to disable a machine or program. They have been used for years in a myriad of safety measures, such as shutting down machinery in the event of an emergency, or to prevent the theft of a machine or data. Some...

Members

Supreme Court Grants Cert

Link to Post:

It looks like you are not signed in or registered! This content is only available to members.

Or sign in below:

Related Articles

Don’t Bank on Withdrawal

Supreme Court Corner: Does Equitable Estoppel Apply in a Fraudulent Conveyance Action?

Weighted Caseload: Why It Matters and How It Works and Doesn’t Work

The Cloud Cometh

From the Editor – Plan Modification

In re Lazaro: Non-Monetary Default and § 1322(b)(5)

Paid in Full, But Title in Limbo

Here Comes the Sun—and the Lawsuits: What Every Bankruptcy Lawyer Should Know About the Solar Fraud Wave Part 2 of 2

An Open Thank You Letter to NACTT – Reflections from a New(er) Trustee: My First Two Years

The Kill Switch and The Stay

Academy

Members

Website

Legal

Looking to Become a Member?

Webinars

Member Articles

Industry News

To get started, please let us know which of these best fits your current position: