From the Editor’s Desk - Conversion and Dismissal • NACTT Academy

From the Editor’s Desk – Conversion and Dismissal

By The Honorable William Houston Brown (Retired)

Debtor’s lack of good faith in filing petition and plan required conversion. The debtor, an attorney, filed Chapter 13 after the state court had entered judgment in favor of a former client and while that judgment was pending on appeal. After the filing, the debtor was charged with soliciting the murder of the plaintiff/former client and was awaiting trial. Multiple plans had been filed, each objected to by the trustee and former client. Finding that the debtor had failed to accurately disclose assets and liabilities, and under . . .

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Changes to Form 410A Effective December 1st

Debra L. Miller

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Just a few more weeks ‘til principal and interest gotta be listed separately on a POC.

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A Creditor Win

Henry E. Hildebrand, III

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Chapter 13 debtor that fails to provide adequate notice to a creditor is not discharged from liability on that obligation in a Chapter 13 case under § 523(a)(3).

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By Daniel M. Tavera, Law Clerk to the Honorable John P. Gustafson, U.S. Bankruptcy Court for the Northern District of Ohio (Toledo) Objections to claims may generally be served on the claimant by first-class mail to the person designated to receive notices on the most recent proof of claim for the creditor. This simplifies the service for claim objections for...

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Cathy Moran

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Courts Continue to Fill in the Gaps on the Interplay of Bankruptcy and the FDCPA

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From the Editor

September 27, 2020

By The Honorable William Houston Brown (Retired) Debtors’ attorney fees not authorized under Equal Access to Justice Act (EAJA). Although the Chapter 13 debtors had prevailed before the Ninth Circuit, In re Sisk, 962 F.3d 1133 (9th Cir. 2020), their application for attorney fees as prevailing parties under EAJA was denied. That Act did not authorize awards of attorney fees...

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Critical Case Comment – Fair Discrimination: A Win/Win

Henry E. Hildebrand, III

December 11, 2022

A Chapter 13 plan can be confirmed to pay a 100% dividend to unsecured creditors while maintaining payments to a student loan creditor as a long-term debt (which will not satisfy the student loan in the commitment period) without committing all available disposable income. (Mullin) In re Victoria Florita Durand-Day, 2022 WL 14938726 (Bankr. N.D. Tex. October 26, 2022) Case...

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From the Archives – Escrow 101 and 102

Michael J. McCormick, Esq.

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