From the Editor – Automatic Stay • NACTT Academy

From the Editor – Automatic Stay

By The Honorable William Houston Brown (Retired)

Continuance of foreclosure sale did not violate stay. A prepetition foreclosure sale had been scheduled after default, and the Bankruptcy Appellate Panel observed that “’overwhelming weight of authority’ holds that continuing a foreclosure sale date in the manner provided by state law during the pendency of the automatic stay does not violate the automatic stay.” The Panel held that “’continuation,’ as used in § 326(a)(1) connotes an advancement of an action or proceeding. Continuing the foreclosure sale date from month to month in the manner prescribed by Rhode . . .

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Escrow 102 – Part 3 of 4

October 10, 2021

By Michael J. McCormick, Esq., McCalla Raymer Leibert Pierce, LLC (Roswell, GA) Escrow 101 – Part 1 Escrow 101 – Part 2 Escrow 101 – Part 3 Escrow 102 – Part 1

Members

IRS Attempting to Collect on Virtual Currency

July 28, 2019

IRS has begun sending letters to virtual currency owners advising them to pay back taxes, file amended returns; part of agency’s larger efforts. On July 26th, the IRS announced that it has begun sending letters to taxpayers with virtual currency transactions that potentially failed to report income and pay the resulting tax from virtual currency transactions or did not report...

When Life Backs Chapter 13 Debtors Into A Corner, § 1329 May Provide A Way Out Of Trouble And A Shorter Path To Discharge

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By Veronica D. Brown-Moseley, Boleman Law Firm, P.C. (Virginia Beach, VA) Many things can, and often do, change between the time debtors file a Chapter 13 bankruptcy petition and the end of their case. A variety of circumstances impact a debtor’s ability to afford their Chapter 13 plan payments, including but not limited to: medical problems, disability, loss of employment,...

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New Judge Appointed

The Academy

June 4, 2023

Honorable Corali Lopez-Castro Appointed Miami’s Newest Bankruptcy Judge

Objections Matter: Stay Imposition Denied

Henry E. Hildebrand, III

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Chapter 13 debtors who file new case within a year of dismissal of two prior cases must satisfy a heavy burden of proof demonstrating good faith; presumption that the case is not filed in good faith mandates demonstration of a change in circumstances.

Members

Too Bad So Sad for 76-Year-Old Who Failed Brunner Test

Henry E. Hildebrand, III

March 16, 2025

In order to discharge a government guaranteed student loan, the Brunner test requires satisfaction of all three principal tests. Failure to meet any of the tests results in no discharge.

Members

Meet a New Trustee

The Academy

October 15, 2023

(Yep, there are lots of them right now!!) Jennifer K. Cruseturner currently serves as a Chapter 13 Standing Trustee in the Western District of Tennessee, Western Division. After an extended retirement process for George Stevenson (he never could do anything in ‘normal’ fashion!), Jennifer was appointed as Stevenson’s successor on May 1, 2023. Jennifer graduated from Newcomb College of...

Critical Case Comment – Although a Mess, Month-to-Month Lease Assumed

Henry E. Hildebrand, III

June 4, 2023

A month-to-month residential lease can be assumed and defaults cured in a Chapter 13 plan. (Rucker) In re Mattoon, 2022 WL 2080184 (Bankr. E.D. Tenn. June 9, 2022) Case Summary Sarah Mattoon executed a lease with Open Doors in September of 2019. Several of Ms. Mattoon’s family members lived with her in the rented apartment including her “companion” and her...

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How Much Is That Doggy in the Window? The One with the PMSI?

Ryan Blay

February 16, 2025

Canine Collateral. Paws and Claws. A legal tail. The puns are endless but Attorney Blay shares how he resolved the growing issue of a debtor’s pet being used as loan collateral while also highlighting the quirks of pet financing in bankruptcy cases.

Members

Trustee’s Broad Duty to Disclose Information to Interested Parties under Section 704(a)(7) of the Bankruptcy Code – Law Review by Jose Cardoz

Edward C. Boltz

October 13, 2024

While this article actually looks at Chapter 11 trustees, there are implications for 13 trustees here as well.