From the Editor’s Desk – Priority Claims • NACTT Academy

From the Editor’s Desk – Priority Claims

By The Honorable William Houston Brown (Retired)

Claim for reimbursement of maintenance overpayments was not domestic support obligation. In a prebankruptcy divorce, the former spouse was ordered to pay the debtor $700 per week in maintenance, a clear domestic support obligation, but the state court subsequently retroactively terminated the maintenance award, ordering the debtor to reimburse her former husband $28,581.15 in maintenance payments that had been deducted from his wages. The former husband filed a priority claim for the unpaid reimbursement and for delinquent child support. Although some courts had construed obligations to reimburse . . .

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Courts are Expanding the Protections of Bankruptcy Rule 3002.1

Debbie Langehennig, Cameron Kelly

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As a prerequisite to a claim’s payment, Rule 3002.1 requires certain secured creditors to provide to the trustee and the debtor notice of the full value of the secured creditor’s claim, including any “fees, expenses, and charges” related to the claim. Two bankruptcy courts have demonstrated a willingness to expand the reach of Rule 3002.1’s noticing requirements. These courts generally...

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ABI Commission on Consumer Bankruptcy – Dischargeability of Homeowner Association Fees

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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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Volunteering is Great But Not If You Expected Payment

Henry E. Hildebrand, III

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Although Acevedo does not prohibit the court from entering an order ex post facto, to obtain an order authorizing employment of a professional effective from the date of filing application, must be based upon compelling and unusual circumstances.

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Angela M. Scolforo

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Upon this auspicious occasion, seeing before us this eloquence of attorneys, let us recount the mighty deeds of one Herbert Lee Beskin. WHEREAS, Herbert was born and began his legal career in the last century (or we presume); and WHEREAS, a double Hoo, Herbert graduated from the University of Virginia with a B.A. in 1972, and stayed in Charlottesville to...

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A. Introduction When should we regard dismissal or conversion of a chapter 13 as an unsuccessful bankruptcy? The arguments are familiar.Chapter 13 is the easiest, quickest, and cheapest way to stop foreclosures, repossessions, and garnishments by creditors.Desperate debtors can file a chapter 13 case without schedules, statements, or a plan and buy themselves a stay for a short period. And...

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From the Editor – Claims

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By The Honorable William Houston Brown (Retired) Objection to proof of claim barred by preclusion. The Chapter 13 debtor objected to Wells Fargo’s proof of claim in an adversary proceeding that alleged the note had been procured by fraud and was unenforceable; but the debtor had previously litigated those and other issues in the state court. Preclusive effect of the...

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Ask Ms. Ps & Qs

Nancy B. Rapoport

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“ . . . how can I not write about an opinion that begins, “This is a case of sue first and ask questions later”? We all know that Judge Christopher Klein has a way with words and a precise and methodical way of approaching statutory analysis.”

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CFPB Releases Report on Debt Settlements and Credit Counseling

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July 10, 2020, the CFPB released a report examining recent trends in debt settlement and credit counseling. Many Americans struggle with their debts, especially during times of crisis. Today’s report documents changes over time in how consumers have used these debt relief options for unsecured debt. Using the Bureau’s Consumer Credit Panel (CCP), a nationally representative sample of approximately five...

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By Cathy Moran, Esq. (Redwood City, CA) The Federal Reserve reported that 40% of Americans couldn’t meet a $400 emergency without borrowing. A significant slice of them couldn’t pay it at all. So, a Bloomberg economist devoted his column to deconstructing how the press and political figures, in his opinion, misused that finding. OMGoodness. The guy was too caught up...

Pump the Brakes: Bad Faith Debtors Are Not Gaming the System (Part II)

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By Kathryne M. Shaw1 Boleman Law Firm, P.C. (Virginia Beach, VA) Click here for Part 1 In Part I of this article, we reviewed In re Holman, in which the debtors violated their confirmation order and exhibited bad faith . . . It looks like you are not signed in or registered! This content is only available to members. Join...

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