From the Editor - Conversion and Dismissal • NACTT Academy

From the Editor – Conversion and Dismissal

By The Honorable William Houston Brown (Retired)

Marital adjustments for non-debtor spouse’s expenses disallowed. The United States Trustee moved to dismiss Chapter 7 case of one spouse under § 707(b), alleging improper marital and other adjustments under the means test. The non-filing spouse’s income is only excluded from the debtor’s disposable income “to the extent that the income is used to pay non-household expenses, i.e., expenses that are purely personal to the non-debtor spouse.” The non-debtor spouse earned more than the debtor, and the debtor . . .

It looks like you are not signed in or registered! This content is only available to members.

Or Sign In Below:

No Author Biography has been linked to this Article.

The Means Test Income

Cathy Moran

April 14, 2024

Many really good questions were generated by our recent Means Test webinars. Attached is a Q & A exchange on one such question regarding the 6-month commitment period.

Members

Eviction and Bankruptcy Remedies

August 30, 2020

By Wayne Silver, Wayne Silver Law (Redwood City, CA) The 120-day CARES Act eviction moratorium expired on Saturday, July 25. At the expiration of the moratorium, landlords covered by the federal moratorium could begin serving eviction notices, and begin filing eviction lawsuits 30 days thereafter. That means on Monday, August 24, 2020 the moratorium on evictions expired, while we face...

Members

Remembrances of a Retired Trustee

October 6, 2019

By Mike Fitzgerald It has been almost one full year since I retired as the Chapter 13 Standing Trustee in Seattle. I am happy to report that my family and I are enjoying ourselves immensely. As retirement grows more comfortable, I find myself looking back with mostly very fond memories at the nineteen years I served as a Trustee, as...

Members

NCLC Seeks Signers Urging Foreclosure Pause When HAF Applied For

The Academy

January 16, 2022

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...

Interns: Musings of a Chapter 13 Trustee

George M. Reiber

June 30, 2024

The NACTT's Inclusion and Acceptance Committee promotes Chapter 13 Trustee internships through the Tom Vaughn Memorial Internship Program, providing significant benefits to interns.

Don’t Be Dismissive – Rule 41

Cathy Moran

August 6, 2023

I was the third attorney on this lien avoidance matter. Instead of it being “third time’s the charm”, it came close to being “three strikes and you’re out.” All because of FRBP 7041. This was the set up: debtor’s original counsel filed a number of lien avoidance actions, including the one against a landlord with a large default judgment. The...

Members

The Valuation Problem Under § 1325(a)(4)

Brittani Bushman

June 9, 2024

“The U.S. Supreme Court has remarked that “[v]alue is a word of many meanings.” This is particularly true in bankruptcy, where the concept of value comes up repeatedly throughout the Bankruptcy Code, but “value,” with few exceptions, is not defined.”

Members

The Smart Way to Cut Out the IRS

July 19, 2020

By Cathy Moran, Esq. (Redwood City, CA) Like so much in life, it’s all about timing. I revisited an older post here about delaying the filing of a bankruptcy til the New Year when the debtor expects to owe taxes in April. A Chapter 13 filed in January can include and pay the taxes associated with the tax year ending...

Members

Rescuing a Troubled Chapter 13: The Unseen Threat

February 24, 2019

By Cathy Moran, Esq. (Redwood City, CA) We all get sucked in, at some time, to try and rescue a Chapter 13 bankruptcy case gone bad. Make sure that you don’t let a bad situation get worse. Get your arms around §109(g). When only a do-over will do, don’t wait around. No Payments for Months The debtor came to me...

Members

Chapter 13 Trustee Duties, Powers, And Limitations – Part 2

October 11, 2020

By James J. Robinson, Chief United States Bankruptcy Judge, Northern District of Alabama What are the statutory duties of the standing chapter 13 trustee? Bankruptcy Code §§ 1302 and 704 provide the statutory framework for the trustee’s duties, and provide as follows: 11 U.S.C. § 1302. Trustee (a) If the United States trustee appoints an individual under section 586(b) of...

Members