From the Editor’s Desk – Curing Mortgage Arrearage

By The Honorable William Houston Brown (Retired)

Prepetition foreclosure prevented debtor’s cure of homeowners’ association delinquency. Although the automatic stay protected debtor’s possessory interest, a foreclosure by the condominium homeowners’ association had been completed three months prepetition. The plan proposed to cure the delinquency of the HOA assessments over sixty months, and the plan was confirmed. Under California law, the nonjudicial foreclosure by the homeowners’ association was subject to a statutory right of redemption within ninety days of the foreclosure, and the debtor did not redeem within that period. The confirmed plan proposed to . . .

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Memories of a Chapter XIII Trustee

November 10, 2019

By C. Kenneth Still, Standing Chapter 13 Trustee for the Eastern District of Tennessee, Retired (1968-2015) January 2, 1968, my first day as Trustee for the Eastern District of Tennessee, Southern and Winchester Divisions. I really didn’t know what I was doing or why I wanted the appointment. But there I was, duly appointed and ready to go but where...

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Passing of Affable, Humanitarian Trustee

September 26, 2021

By Dynele Schinker-Kuharich, Chapter 13 Standing Trustee (Canton, OH) On Thursday, September 16, 2021, the bankruptcy community lost a good friend and esteemed colleague, Robert S. Thomas II. In an effort to pay tribute to Robert, who was loved and respected by so many, The NACTT Academy is privileged to share comments, thoughts, and tributes made by Robert’s bankruptcy colleagues....

Small Business Reorganization Act…(“SBRA”) H.R. 3311 – Part Two

September 22, 2019

By Jan Hamilton, Chapter 13 Standing Trustee (Topeka, KS) I. The Plan1 A. Notions to Consider before the Plan is Filed… Time for Filing of the Plan. No later than 90 days after the filing of the case, the debtor is required to file a plan, unless the court extends the time if the “need is attributable to circumstances for...

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First Principles for First Meetings

October 11, 2020

By Cathy Moran, Esq. (Redwood City, CA) Once again, I sat in a 341 meeting where the trustee’s representative purported to deliver vital information to the assembled debtors. She had a captive audience of anxious listeners. She had ostensible power of life and death over their financial future. They needed to know what she had to say. But as communication,...

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Paying the Car Loan Directly vs. Through the Plan: Till Debt Us do Part?

January 31, 2021

By Herbert L. Beskin, Chapter 13 Trustee for the Western District of Virginia (Charlottesville) In a recent case out of the Sixth Circuit, the Appeals Court heard an appeal by the Chapter 13 Trustee concerning direct payments by the debtor on a car loan and the applicable interest rate. The case is In re Chambers, 6th Circuit, # 20-1376, Appeal...

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Escrow 101 – Part 3 of 3

September 19, 2021

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

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Critical Case Comment – Prime vs. Riskless Treasury Rate

Henry E. Hildebrand, III

May 28, 2023

In determining the appropriate “present value” factor to be added to the payment of a secured claim in a Chapter 12, the Court should look at the “riskless” treasury rate rather than the “prime rate” before enhancing it with a risk factor. (Ebinger) Farm Credit Services of America v. Topp, 2022 WL 2981590 (S.D. Iowa, July 19, 2022) Case Summary...

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Chapter 13 Trustee Duties, Powers, And Limitations – Part 7

November 15, 2020

By James J. Robinson, Chief United States Bankruptcy Judge, Northern District of Alabama Is the trustee’s service worth her commission? The Eleventh Circuit recently issued its opinion in In re Dukes, 909 F.3d 1306 (11th Cir. 2018), which spoke primarily to the issue of what it means for a mortgage to be “provided for” in the plan. The court found...

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Critical Case Comment–IRS and the “Innocent Spouse”

Henry E. Hildebrand, III

May 14, 2023

Bankruptcy courts lack jurisdiction to apply “innocent spouse” relief to determine the amount of a tax claim to be paid in a Chapter 13 case. (Taddonio) In re Geary, 2023 WL 2996720 (Bankr. W.D. Pa. April 19, 2023) Case Summary When a taxpayer signs a joint tax return with their spouse, the Internal Revenue Code is very clear. Both signatories...

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ABI Commission on Consumer Bankruptcy – Post-Petition Changes in Value

July 14, 2019

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN) One of the issues raised at the public hearings of the Commission concerned Chapter 7 trustees that would not take prompt action to abandon exempt or partially exempt assets but, would retain assets in the hope that there might be equity in the future to sell the asset for...

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