From the Editor – Fair Debt Collection Practices Act

By The Honorable William Houston Brown (Retired)

Debtor failed to state FDCPA claim. Granting the defendants’ motion to dismiss, the Chapter 13 debtor’s complaint did not state a cause of action under the FDCPA when the defendants acquired the debt postpetition and the only action they had taken was to file a proof of claim. The complaint did not allege that the proof of claim was abusive or deceptive, distinguishing Crawford v. LVNV Funding, LLC, 758 F.3d 1254 (11th Cir. 2014). Hanson v. Antio, LLC, et al., ___ B.R . . .

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Critical Case Comment – Nothing Requires a Plan to Provide for All Secured Claims

Henry E. Hildebrand, III

December 12, 2021

If a Chapter 13 plan makes no provision for a mortgage obligation, omits any treatment of the mortgage claims, and prohibits the Trustee from making disbursements toward the claims, the claims are not provided for by the plan and the plan can be confirmed over the objection of the creditor and the trustee; nothing requires a plan to provide for...

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Timing Is Everything

Henry E. Hildebrand, III

March 22, 2026

Where state law provides a homestead exemption to proceeds generated from the sale of a debtor’s homestead for a period of one year following the sale, the exemption would be allowed even if the debtors do not intend to devote these proceeds to obtain a substitute home.

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Two More Things Trustees Should Know About the Small Business Reorganization Act of 2019

October 27, 2019

By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN) Part IV Two More Things Trustees Should Know About the Small Business Reorganization Act of 2019 Introduction Four bankruptcy-related bills were enacted during the 116th Congress and signed into law on August 23, 2019.1 The legislation affected both business and consumer cases. One bill, the Small Business Reorganization Act of...

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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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Meet a New Trustee

The Academy

December 19, 2021

One of our very newest trustees is very familiar to many of us. After serving ten years as Chief of Staff (a/k/a Staff Attorney) to Martha Bronitsky, on August 1, 2021, Nima Ghazvini was appointed Chapter 13 Standing Trustee for the Districts of Hawaii, Guam, and Northern Mariana Islands. What you may not know is that Ghazvini was born in...

Revested Property Doesn’t Need a Hall Pass

Henry E. Hildebrand, III

February 8, 2026

It is unnecessary for a Chapter 13 debtor to obtain court approval to hire a realtor or to sell the debtor’s residence following confirmation where property “revested” in the debtor.

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Atlanta Debtor Attorney/Firm Sanctioned

The Academy

August 11, 2024

From Page 4 of Memorandum and Order “Because Kakol’s representation of Debtor in this case fell drastically below the standard for acceptable representation of individual debtors in chapter 13 cases as discussed in greater detail below, he and the Kakol Firm will be sanctioned as follows: (1) they will be required to disgorge any and all fees paid in connection...