Proofs of Claim, the Statute of Limitations and the FDCPA

By Lance E. Olsen, Managing Partner Northwest, McCarthy Holthus LLP (Seattle, WA)

https://considerchapter13.org/2013/05/12/the-question-of-standing-and-how-to-prove-you-belong/

In the decade that has passed since the widely held start of the housing crisis, home loan servicing practices, and the risks associated with those practices, have continued to evolve at a rapid pace. In the past, the risks associated with the filing of a proof of claim did not typically . . .

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Postpetition Borrowing by a Consumer Debtor in Chapter 13 – Part 2 of 2

May 12, 2019

By Judge Michael A. Fagone & Career Law Clerk Ciera S. Dye III. Policy Considerations Where the statute does not provide definitive guidance, courts often turn to policy considerations. How do those considerations weigh out here? One answer is that policy considerations cut against imposing any sort of requirement of preapproval for postpetition borrowing by a consumer debtor. Several reasons...

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Discharging Student Loans Under §523(a)(8)? Don’t Consolidate After Filing!

Scott Waterman, Josh Cohen

November 12, 2023

If you intend to seek to discharge student loans under §523(a)(8), do not consolidate the loans after the case is filed. Prebankruptcy planning is most important if one wishes to discharge student loans. A recent Texas Chapter 7 case highlights the pitfalls if one does not act accordingly. Debtors obtained 27 separate student loans prior to when they filed their...

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From the Other Side

January 19, 2020

By Craig Shopneck, Chapter 13 Standing Trustee for the Northern District of Ohio Retired It was many months ago when Mike Joseph asked, if, as a retired trustee, would I be interested in writing an article for the NACTT Academy. This may seem like a rather straightforward task but before putting pen to paper I needed time to reflect not...

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Critical Case Comment

June 16, 2019

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee Mortgage creditor may not withdraw a notice of fees, costs, and charges filed in a case after the supplement to the claim has been challenged without court approval; the allowance of such a notice will not be permitted where a state statute forbids it. Quicken...

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From the Archives – Escrow 101 and 102

Michael J. McCormick, Esq.

April 7, 2024

In the fall of 2021, Michael McCormick provided subscribers with an EXCELLENT, expository, seven-part outline on mortgage escrow. This information is still relevant today.

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Chris Hawkins Appointed Judge

The Academy

March 20, 2022

Chris Hawkins was sworn in as a bankruptcy judge for the Middle District of Alabama on March 14, 2022, succeeding Judge William R. Sawyer. Before his appointment, Chris was a partner at Bradley Arant Boult Cummings LLP, where he focused exclusively on bankruptcy and insolvency matters. For over twenty years, he represented debtors and creditors in out-of-court restructurings, commercial and...

Creditors’ Rights and Debtors’ Protections at the Intersection of Consumer Bankruptcy and UCC Article 9

August 30, 2020

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN) PART II – BASICS OF PERFECTION OF SECURITY INTERESTS Introduction Current circumstances, with a pandemic and a recession, portend a wave of bankruptcy filings. In the consumer bankruptcy field, trustees and debtors' counsel often are uncomfortable with the rules in UCC Article 9. In this space, we have previously looked...

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Pump the Brakes: Bad Faith Debtors Are Not Gaming the System

January 13, 2019

By Kathryne M. Shaw,1 Boleman Law Firm, P.C. (Virginia Beach, VA) Click here for Part 2 The bankruptcy system requires good faith on the part of a debtor in exchange for the promise of a fresh start, and responsible members of the bankruptcy bar constantly work to ensure that no one “games” this powerful system. So, how does a debtor...

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Critical Case Comment

June 27, 2021

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN) It constitutes an unfair discrimination, violative of 11 U.S.C. § 1322(b)(1), for a Chapter 13 plan which would pay more to a student loan than to the remaining general unsecured creditors. (Somers) In re Kane, 603 B.R. 491 (Bankr. C.D. Kan. June 18, 2019) Case Summary Ronald Kane filed...

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Critical Case Comment – Topping Off the Risk Factor

Henry E. Hildebrand, III

September 3, 2023

To pay present value to a secured creditor, a reorganization plan may start with a treasury rate and add a risk factor and need not start with a prime rate plus a risk factor.

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