From the Editor’s Desk – Postpetition Property • NACTT Academy

From the Editor’s Desk – Postpetition Property

By The Honorable William Houston Brown (Retired)

Inheritances received post-confirmation are property of estate. In both Chapter 13 cases, the debtors received inheritances more than 180 days after the petition filings, with the court holding that “§ 1306(a) governs the general provision of § 541(a)(5), and the 180-day language of § 541(a)(5) does not apply in a Chapter 13 case.” The court found In re Vannordstrand, 2007 WL 283076 (BAP 10th Cir. Jan. 31, 2007) persuasive in its reasoning that § 1306(a) broadens the definition of estate property. The court . . .

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Chris Hawkins Appointed Judge

The Academy

March 20, 2022

Chris Hawkins was sworn in as a bankruptcy judge for the Middle District of Alabama on March 14, 2022, succeeding Judge William R. Sawyer. Before his appointment, Chris was a partner at Bradley Arant Boult Cummings LLP, where he focused exclusively on bankruptcy and insolvency matters. For over twenty years, he represented debtors and creditors in out-of-court restructurings, commercial and...

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Henry E. Hildebrand, III

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Where a Chapter 13 plan treats a claim as secured only by the debtor’s mobile home under § 506 and not real property, the effect of a notice of fees, costs and charges is irrelevant. (Coleman) In re White, 2022 WL 2826531 (Bankr. S.D. Ga. July 19, 2022) Case Summary Shalonda White filed a Chapter 13 petition in July of...

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Bankruptcy Protections Limited for Repeat Filers

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By William H. Brown, Academy Editor & Advisor The First Circuit held that under § 362(c)(3)(A), upon the repeat filing by Chapter 7, 11 or 13 debtors within one year of dismissal of a prior pending case, the automatic stay terminates entirely on the 30th day after filing of the subsequent case as to the debtor, property of the debtor...

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From the Editor

April 7, 2019

By Wm. Houston Brown, United States Bankruptcy Judge (Retired) Confirmation - Debtors could not deduct ownership costs for vehicle secured by non-purchase money lien. The above-median debtors claimed ownership deduction of $497 from projected disposable income, when the title loan payments on the vehicle were only $66.67. The difference in these amounts meant unsecured creditors could receive $25,819.80 over the...

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Cathy Moran

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“The client now claims that my words were a license to fail to disclose the gifts. Huh?”

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How to Manage Unprofessional and Discourteous Attorneys

The NACTT Emeritus Trustees

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Many have had the unpleasant experience of coping with an ill-mannered and disrespectful opposing counsel. Unnecessary motions are filed and unfounded allegations are asserted. Relief requested has no basis in fact or law. Temperatures rise. The volume of argument is loud. Your staff and you are upset. What to do?We asked the Emeritus Trustees and here are some recommendations: First,...

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