From the Editor – Property of Estate and Exemptions • NACTT Academy

From the Editor – Property of Estate and Exemptions

By The Honorable William Houston Brown (Retired)

Debtors not barred from claiming further exemption. The court had approved a settlement under the Chapter 7 debtors’ uninsured motorist coverage, including $15,000 exemption under a state exemption for personal bodily injury. Tenn. Code Ann. § 26-2-111-(2)(B). The trustee did not object to that exemption, and the debtors then amended Schedule C to claim further exemption in the settlement proceeds, under a Tennessee statute for general personal property exemption and under Tennessee’s exemption for benefits paid under contracts of accident, health or disability insurance . . .

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.

Can a Secured Claim Still “Ride-Through” Bankruptcy Despite BAPCPA? – Part 1 In re Rhodes Says, “Let Me Count the Ways”

Lawrence R. Ahern, III

January 30, 2022

Background A recent Chapter 7 case out of the Bankruptcy Court for the Southern District of California, In re Rhodes,1 addresses reaffirmation in a context that is very significant and should be of interest to all debtor's attorneys. It points out that the "ride-through" of a debtor's secured debt in Chapter 7—which Congress tried to eliminate in 2005—still exists. In...

Members

Judge to Retire

The Academy

December 15, 2024

Judge Henry Green Jr. to Retire from Kansas Court of Appeals

Post-Petition Equity in Chapter 13 – Who Gets The $$$

Thomas D. DeCarlo

October 2, 2022

So, what happens to post-petition appreciation of assets during a Chapter 13? Does the Debtor get to keep the money? Or does the Chapter 13 Trustee get it for the benefit of creditors? That was the question for the Court in In re Klein, 2022 WL 3902822 (Bankr. D. Colo. 2022). The question in Klein is a bit different than...

Members

Did Congress Mean What It Said in Section 1328(i)?

April 25, 2021

By Pardis Akhavan, Resnik Hayes Moradi LLP (Encino, CA) The bankruptcy court in In re Ritter, 2021 WL 864092 (Bkrtcy C.D. Cal, 2021)(J. Tighe),denied debtors’ motion for an immediate discharge under Section 1328(i) ruling that Congress apparently did not intend that a chapter 13 debtor who obtains a loan modification should also receive a discharge, on that basis alone at...

Members

Over-Insured Over-Ruled

Henry E. Hildebrand, III

March 23, 2025

In order to recover reimbursements for costs advanced, a mortgage servicer must demonstrate that the costs are necessary, reasonable, and required by the mortgage.

Members

Critical Case Comment – Pro Se Debtor Sanctioned

November 21, 2021

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of TN (Nashville) Where pro se debtors filed numerous groundless complaints and made specious allegations against their former counsel, sanctions under Rule 9011 were appropriate notwithstanding the fact that the debtors were now acting pro se. (Hopkins) In re Jones, 2021 WL 4168110 (Bankr. S.D. O.H., Sept....

Members

Disclosure of PACER Account Information

The Academy

October 12, 2025

Did you know that people sometimes ask for PACER account information and that you can make such a request? We found this helpful information in the Fall 2025 The Southern Scoop, a newsletter published by the U.S. Bankruptcy Court for the Southern District of Georgia.

Critical Case Comment – You Gotta Fix Your Own Screwups, on Your Own Dime

Henry E. Hildebrand, III

December 3, 2023

Debtor’s counsel should not be compensated for work undertaken on behalf of a debtor in order to correct errors.

Members

Extensions of CARES Act Provisions By COVID-19 Bankruptcy Relief Extension Act of 2021

April 4, 2021

The CARES Act, Public Law 116-136 had amended several parts of the Bankruptcy Code, but included sunset provisions terminating March 27, 2021. The COVID-19 Bankruptcy Relief Extension Act of 2021, H.R.1651, passed by the House and Senate and signed by the President on March 27, 2021, extended some provisions for another year. Section 1113 of the CARES Act had amended...

Chapman v. Forsyth & Limerick, 43 U.S. 202 (1844)

M. Jonathan Hayes

May 5, 2024

When a person sells goods for the account of the owner and thereafter does not pay the owner, is the debt discharged under the bankruptcy law at the time? Yep.

Members