From the Editor’s Desk – Claims

By The Honorable William Houston Brown (Retired)

Tennessee statute providing that penalty on delinquent property taxes “constitutes the assessment of interest” was unconstitutional. In response to In re Gift, 469 B.R. 800 (Bankr. M.D. Tenn. 2012), which held that oversecured creditors may collect post-bankruptcy interest, fees and costs, but not penalties, the Tennessee legislature amended Tenn. Code Ann. § 67-5-2010 to provide “(d) for purposes of any claim in a bankruptcy proceeding pertaining to delinquent property taxes, the assessment of penalties determined pursuant to this section constitutes the assessment of . . .

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“Stripping” Residential Mortgages and the Effect of 11 U.S.C. § 1111(b) – Part 2 Eleven Eleven What?

July 24, 2021

By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN) Wonk Alert This Part 2 wraps up some suggestions about how the parties to residential mortgages may avoid or minimize problems in the structuring and administration of these loans, with a discussion of subsection 1111(b) of Bankruptcy Code.1 This discussion may seem arcane, as indeed many experienced Chapter 11 practitioners...

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Objection: Hearsay

July 12, 2020

By Wayne Silver, Wayne Silver Law (Redwood City, CA) There you are, client on the witness stand, judge listening intently, story being told on direct exactly the way you prepared her, things going just swimmingly. And then opposing counsel stands and utters those two lovely words…”Objection, hearsay.” Huh? That’s ridiculous, you confidently think to yourself, just as you hear the...

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Score One for the United States Bankruptcy Court in the Service of the African America Community[1]

August 11, 2019

By Selwyn D. Whitehead, Esq. Because inquiring minds need to know; below is a discussion of the Johnson Publishing Company, LLC’s Chapter 7 Liquidation Bankruptcy, Case No. 19-10236, which was filed in the United States Bankruptcy Court for the Northern District of Illinois, Eastern Division in Chicago on April 9, 2019, and its week-long auction from July 22-24, 2019. Here's...

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A Few of Our Favorite (Chapter 13) Things

December 20, 2020

(To be sung to the tune of Julie Andrews’ version of “These Are a Few of My Favorite Things” from The Sound of Music) Raindrops on roses, and whiskers on kittens, Bright copper kettles and warm woolen mittens– Hey, wait a minute, that’s not what I mean; It’s time that we focus on Chapter Thirteen. We’ve been Trustees for so...

Critical Case Comment – It’s All in the Proof

Henry E. Hildebrand, III

July 9, 2023

Chapter 13 debtor’s failure to provide evidence of a change in financial circumstances justifies the denial of a motion to modify seeking to reduce the dividend and related payments into the plan. (Cleary) In re DeRoo, 650 B.R. 561 (Bankr. N.D. Ill. May 2, 2023) Case Summary Nicole DeRoo filed a Chapter 13 petition in February of 2022. Above-median income...

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Drummond Receives Professionalism Award

August 18, 2019

By Regina Logsdon, Executive Director, The Academy d/b/a ConsiderChapter13.org Robert (“Bob”) G. Drummond has been the only standing Chapter 13 Trustee for the District of Montana since 1992. Originally from Montana, Mr. Drummond graduated from Montana State University with a Bachelor of Science degree in Agricultural Business, and received a Juris Doctorate in Law with Honors from the University of...

How to Manage Unprofessional and Discourteous Attorneys

The NACTT Emeritus Trustees

December 4, 2022

Many have had the unpleasant experience of coping with an ill-mannered and disrespectful opposing counsel. Unnecessary motions are filed and unfounded allegations are asserted. Relief requested has no basis in fact or law. Temperatures rise. The volume of argument is loud. Your staff and you are upset. What to do?We asked the Emeritus Trustees and here are some recommendations: First,...

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Bridging Relationships: Everyone Benefits

The NACTT Emeritus Trustees

June 11, 2023

Chapter 13 Trustees occupy unique positions. Every day they work with the courts, clerks’ offices, debtors, creditors, and their attorneys, and the Office of the United States Trustees. Within ethical bounds, it is important that Chapter 13 trustees build and maintain relationships with each of these constituents. Civility, professionalism, and trust are the mainstays for all of these interactions. We...

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Critical Case Comment – 10th Circuit Says No Default Cures After Month 60

October 24, 2021

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN) Chapter 13 debtor cannot submit missed payments to the trustee after the 60-month term of the plan has ended in an effort to cure defaults in the plan. (Bacharach) Kinney v. HSBC Bank USA, N.A., 5 F.4th 1136 (10th Cir. July 23, 2021) Case Summary Margaret Kinney filed a...

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Who Is the Person Sitting at That Workstation? Contractor? Employee? Exempt?

Merideth Akers

January 22, 2023

Who is the person sitting at that workstation? Is it Noah Non-exempt? Is it Emma Exempt? Or, is it Connie Contractor? It is vital that I know who the person is sitting at that workstation. Do I have to pay the person sitting at that workstation overtime pay? Can I reduce the person’s pay for leaving an hour early? Do...

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