From the Editor - Property of Estate and Exemptions • NACTT Academy

From the Editor – Property of Estate and Exemptions

By The Honorable William Houston Brown (Retired)

Debtor not barred from claiming Vermont homestead. In an analysis of a pre- bankruptcy divorce decree, the court found that the decree and a contempt order did not create collateral estoppel or res judicata bars to the debtor/former husband’s claim of homestead exemption under Vermont law. In re Kadoch, 528 B.R. 626 (Bankr. D. Vermont 2015).

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The Honorable William Houston Brown retired in 2006 as a United States Bankruptcy Judge for the Western District of Tennessee, and he had been designated to sit . . .

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From the Editor – Dismissal

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By The Honorable William Houston Brown (Retired) Marijuana connection required case dismissal. The Chapter 13 debtors owned interests in an entity that was engaged in litigation to recover damages for breach of contract related to growing and selling marijuana, and this connection required dismissal of the case. Continuing administration of the case “would likely require the trustee or the court...

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By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN) Introduction The Supreme Court unanimously held on January 14 that an order denying stay relief was final in Ritzen Group, Inc. v. Jackson Masonry, LLC.1 Thus, the creditor should have appealed the denial instead of waiting until later in the case to seek again to pursue its pre-bankruptcy litigation against...

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Daryl J. Smith

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Is there a duty to inform the trustee about changes post-plan confirmation? Yes. There is an inherent duty for the consumer debtor to update the trustee on any and all material changes, particularly windfalls, post plan confirmation. In a very recent case, In Re Robinson, the United States Trustee moved to dismiss debtor’s chapter 13 case because the debtor received...

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By The Honorable Guy R. Humphrey, Southern District of Ohio It is with heavy hearts that we in Dayton, Ohio say our farewells to Jeff Kellner as our Chapter 13 Trustee. Jeff will be concluding his duties as the Trustee on September 30th and handing the reins over to John Jansing on October 1st. Listing Jeff’s contributions to the bankruptcy...

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NCLC Seeks Signers Urging Foreclosure Pause When HAF Applied For

The Academy

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NCLC seeking non-profit organizations to sign two letters (one to the CFPB and one to FHFA, FHA, VA, and USDA) urging the agencies to require servicers to pause foreclosure activity for at least 60 days after being notified that a borrower has applied for HAF assistance and meets conditional program eligibility. We ask organizations to sign both letters, and the...