From the Editor – Fair Debt Collections Practices Act

By The Honorable William Houston Brown (Retired)

FDCPA not violated by proofs of claim for time-barred debts. Although the Chapter 13 debtor had standing to bring a claim for statutory damages under the FDCPA, despite having no actual damages, and the filing of a proof of claim is an action to collect a debt, the district court held that under Indiana law “a debt that has become uncollectible [due to the running of the statute of limitations] is not extinguished; the money is still owed and the FDCPA only regulates the remedies available to the . . .

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Small Business Reorganization Postscript 2

April 12, 2020

SMALL BUSINESS REORGANIZATION ACT POSTSCRIPT #2 Recommendation of Technical Amendment to Repair Flaw in CARES Act Attempt to Increase Small Business Eligibility under SBRA Introduction In a bulletin published March 30, the Academy announced enactment on March 27 of the "Coronavirus Aid, Relief, and Economic Security Act" (the "CARES Act"),1 and that the Act (applying only to cases commenced on...

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ABI Commission on Consumer Bankruptcy – Dischargeability of Homeowner Association Fees

May 19, 2019

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN) Homeowner association fees that obligate homeowners of condominium and planned unit developments can be a substantial obligation that accrue on a monthly basis. These obligations are generally a burden when a debtor files for bankruptcy relief. To be fair, homeowners’ associations provide a significant benefit to homeowners. Exterior maintenance,...

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How to Present an Effective Summary Judgment Motion

August 23, 2020

By Hon. Erik P. Kimball, United States Bankruptcy Court for the Southern District of Florida (Used with permission - Originally Published by the Courthouse Beacon, United States Bankruptcy Court for the Southern District of Florida August, 2020) Summary Judgment Applies In Contested Matters Bankruptcy Rule 7056 incorporates all of Federal Rule 56 for purposes of adversary proceedings, adjusting only the...

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Post-Petition Causes of Action, Inheritances and Windfalls Are Property of the Estate and Must Be Reported to the Trustee – Part 1 of 5

July 14, 2019

By John P. Gustafson, United States Bankruptcy Judge, Northern District of Ohio, Western Division A. Property Acquired After The Filing Of The Chapter 13 Case: The Different Approaches. 1. Property Acquired Post-Petition vs. Property “Vesting In The Debtor”. Click here for Part 2 The broad issue of what becomes property of the Chapter 13 estate post-petition involves consideration of two...

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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....

From the Editor – Curing Default

October 27, 2019

By The Honorable William Houston Brown (Retired) Debtor could cure default beyond 60 months. Agreeing with In re Klaas, 858 F.3d 820 (3d Cir. 2017), bankruptcy court had discretion to permit debtors to cure plan default, allowing a reasonable grace period beyond the 60 months of confirmed plan. Dismissal of the case for plan default was not required under §...

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Taxpayers Should Beware of Property Lien Scam

October 6, 2019

With scam artists hard at work all year, taxpayers should watch for new versions of tax-related scams. One such scam involves fake property liens. It threatens taxpayers with a tax bill from a fictional government agency. Here are some details about the property lien scam that will help taxpayers recognize it: This scheme involves a letter threatening an IRS lien...

Covid-19 and the 7 Year Plan

March 29, 2020

By Ken Siomos, Staff Attorney for Marsha L. Combs-Skinner (Newman, IL) A small part of the recently passed “Cares Act” is the ability of Chapter 13 debtors experiencing a “material financial hardship” as a result of the covid-19 pandemic to modify their plan to 84 months.i Many Chapter 13 Trustee’s are likely anticipating a series of Chapter 13 Plan defaults...

From the Editor – Claims

May 16, 2021

By The Honorable William Houston Brown (Retired) Unpaid filing fee in prior case was unsecured claim. The Chapter 13 trustee moved for authority to pay unpaid filing fee from prior case, but Court denied that to the extent the motion sought payment ahead of unsecured creditors. The unpaid filing fee was nothing more than a general unsecured claim in the...

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The Effect of “Success” (Or the Lack of It) on Attorneys’ Fees

Lawrence R. Ahern, III

September 18, 2022

Appendix A 1994 Revised Text of 11 U.S.C. § 330(a), with 2005's Minor Changes Highlighted(1994 version highlighted to show additions and deletions in 2005) (a)(1) After notice to the parties in interest and the United States Trustee and a hearing, and subject to sections 326, 328, and 329, the court may award to a trustee, a consumer privacy ombudsman appointed...

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