From the Editor – Automatic Stay

By The Honorable William Houston Brown (Retired)

Administrative freeze violated stay. When the Chapter 7 debtors filed their petition they had four deposit accounts, the balances of which were claimed as exempt under § 522(d)(5). Five days later, the bank placed an administrative freeze on the accounts, and before having notice of the freeze, the debtors had written checks that bounced. The bank notified the trustee of the freeze and asked for direction on what to do with the account funds, and the trustee advised release to the debtors, but the bank did not release . . .

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.

Related Articles

Copy of Hildebrand-2016
December 26, 2021
Where a Chapter 7 debtor fails to disclose the location of his Mercedes which he intended to surrender, fails to produce documents relating to the ownership of his property, and invokes his Fifth Amendment rights against self-incrimination, the Court appropriately denied the debtor a discharge. (Preston) In re Appleby, 2021 WL 5121854 (Bankr. S.D. Ohio, Nov. 3, 2021) Case Summary...
Members
December 15, 2019
By Veronica D. Brown-Moseley and Stephen F. Relyea1 The automatic stay serves as a shield that immediately protects debtors in bankruptcy and their property from a host of creditor collection actions ranging from foreclosure, repossession, and garnishment to collection letters and phone calls. In most instances, the filing of a bankruptcy case forces creditors to cease all collection actions and...
Members
Copy of Hildebrand-2016
October 29, 2023
An interesting decision – one we would like for you to weigh in on. Did the Judge get it right? Is this a win for Creditors? Is this yet another case that requires more work from Debtors’ Counsel? Let us hear from you.
Members
Copy of Hildebrand-2016
September 22, 2024
The debtor’s family expense for nonessential taekwondo training and gym memberships demonstrated an abuse of Chapter 7 and the case would be dismissed unless converted to a Chapter 13.
Members
Miyahira - Headshot
February 16, 2025
Debtor’s spouse’s liability for damages resulting from wrongdoings may be nondischargeable debt of the debtor if debtor was unjustly enriched by spouse’s wrongdoing. In this very well written case synopsis, 3rd year law student Leee Miyahira looks at a unique case out of Hawaii.
Members
bobdrummond
October 20, 2024
“Can a Debtor avoid a lien when a creditor holds a secured position that preceded the Debtor’s ownership interest . . . ? Judge Michelle Harner, . . . recently addressed this issue.
Members
April 5, 2020
By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN) During the free Academy webinar The CARES Act – Impacts on Chapter 13 on April 2, 2020, the panel – Judge Wm. Houston Brown (Retired), Amanda DeBerry and I – referred to the importance of detailing the reasons for modifications or suspensions to be related to financial hardship stemming...
Members
Copy of Hildebrand-2016
October 15, 2023
A little bit for everyone in this case . . .In calculating above-median income debtor’s projected disposable income, Chapter 13 debtor may not deduct the “ownership allowance” for transportation expenses if the secured debt in question is secured by a nonpurchase money security interest in a motor vehicle.
Members
September 27, 2020
By Professor Nancy Rapoport Dear Readers: The Academy staff has raised an important issue: Given the mental health issues associated with the pandemic, what should someone do when he or she sees a colleague lawyer in distress? Before we get to the ethics implications, let’s talk about the mental health issue itself. When people are under great stress, they try...
Members
humphrey
February 18, 2024
Retirement of the Honorable Guy R. Humphrey

Looking to Become a Member?

ConsiderChapter13.org offers a forum to advance continuing education of consumer bankruptcy via access to insightful articles, informative webinars, and the latest industry news. Join now to benefit from expert resources and stay informed.

Webinars

These informative sessions are led by industry experts and cover a range of consumer bankruptcy topics.

Member Articles

Written by industry experts, these articles provide in-depth analysis and practical guidance on consumer bankruptcy topics.

Industry News

The Academy is the go-to source for the latest news and analysis in the Chapter 13 bankruptcy industry.

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