From the Editor

From the Editor – Discharge Injunction

By The Honorable William Houston Brown (Retired)

Chapter 7 debtors could not sue IRS employees. After their Chapter 7 case was closed, the debtors filed an adversary proceeding against employees of IRS, contending that the defendants issued levies and notices of federal tax liens in violation of the discharge injunction. The United States was substituted as the proper party defendant, but the debtors lacked standing to bring the action under the Bankruptcy Code or Internal Revenue Code because they had not exhausted their administrative remedies prior to filing the complaint. Also, federal employees may not be . . .

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Critical Case Comment – $67k Windfall to Debtors. Fraudulent??

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By James J. Robinson, Chief United States Bankruptcy Judge, Northern District of Alabama Under what circumstances should the trustee object to claims (assuming a purpose would be served under § 707(a)(5))? Midland Funding, LLC v. Johnson, 137 S. Ct. 1407 (2017). This case centered around the debtor’s argument that a creditor violated the Fair Debt Collection Practices Act when it...

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From the Editor – Discharge Injunction

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Critical Case Comment – $67k Windfall to Debtors. Fraudulent??

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