From the Editor - Discharge Injunction • NACTT Academy

From the Editor – Discharge Injunction

By The Honorable William Houston Brown (Retired)

Filing proof of claim in Chapter 13 violated discharge injunction in prior Chapter 7. Affirming in part the bankruptcy court’s decision, the creditor violated the discharge injunction in a prior Chapter 7 case by filing a proof of claim for the discharged debt in a subsequent Chapter 13. The discharged debt was a deficiency on a mobile home contract, and when the Chapter 13 case was filed, Green Tree was not listed as a creditor but it filed a proof of claim for the deficiency debt, resulting in . . .

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No Room for Error? Determining Whether Your “Secured” Creditor Has a Fatally Deficient UCC-1

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By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN) Click here for Part I Click here for Part II Part III - Description of Collateral Introduction The . . . It looks like you are not signed in or registered! This content is only available to members. Join Now Or Sign In Below: Username or Email Password Remember me...

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What is a “Consumer Debt”?

M. Jonathan Hayes

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By highlighting Judge Stephen Johnson's rulings and insights, Hayes brings readers an analysis of the definition of what consumer debt is . . . and is not.

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IRS Warns of Impersonation Email Scam; Reminds Taxpayers IRS Does Not Send Unsolicited Emails

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On 8/22/19 the IRSe and its Security Summit partners warned taxpayers and tax professionals about a new IRS impersonation scam campaign spreading nationally on email. Remember: the IRS does not send unsolicited emails and never emails taxpayers about the status of refunds. The IRS detected this new scam as taxpayers began notifying [email protected] about unsolicited emails from IRS imposters. The...

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Section 302: Joint but Separate

Queneshia Fleming

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“The ambiguity of § 302 raises the question:are jointly administered cases two separate estates? If jointly administered cases are two separate estates, are trustees doing it wrong?”

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Meet A New Twofer Trustee

The Academy

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Lilian G. Tsang was appointed as Chapter 13 Standing Trustee for the Eastern District of California on September 1, 2023. Then, on January 1, 2024, Lilian took on the Fresno and Bakersfield divisions.

Critical Case Comment

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By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN) Section 1328(i) requires the court to consider the discharge provisions of §§ 1328(a) through (h) and the fact that incomplete personal residence mortgage payments or a forbearance do not preclude but do not compel a COVID-19 Discharge. (Tighe) In re Ritter, 2021 WL 864092 (Bankr. C.D. Cal. March 5,...

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Department of Justice Guidance on Discharging Federal Student Loans in Bankruptcy Expanded to Include FFEL and Perkins Loans

Scott Waterman, Josh Cohen

October 29, 2023

“FFEL and Perkins loans are different than other federally backed student loans as these are owned by private lenders, but guaranteed by the government.”

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By The Honorable John P. Gustafson Can a creditor refuse to do business with a debtor, or is such refusal a violation of the automatic stay? The case of Brown v. Penn State Employees Credit Union, 851 F.2d 81 (3rd Cir. 1988) held that a credit union’s refusal to continue to do business with a debtor who caused a loss...

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