The ACP: Applicable or Immutable? – Part 2 of 4

By Mark C. Leffler and Emily Connor Fort, Boleman Law Firm
click here for part 1, click here for part 3, click here for part 4
Since 1984, when Congress created the disposable income test to distinguish the debtor’s ability-to-pay from the highly subjective arena of good faith, the primary battleground over the proper level of flexibility in Chapter 13 has been centered on the intersection of §1325(b) and §1329 . . .

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IRS Extends April 15, Other Upcoming Deadlines for Alabama Storm Victims, Provides Other Tax Relief

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Victims of March 3rd tornadoes and severe storms in Alabama have until July 31, 2019, to file certain individual and business tax returns and make certain tax payments. The IRS is offering this relief to any Major Disaster Declaration area designated by the Federal Emergency Management Agency (FEMA) as qualifying for individual assistance. Currently, this only includes Lee County, Alabama,...

From the Editor

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By Wm. Houston Brown, United States Bankruptcy Judge (Retired) Debtor’s Attorney - Chapter 13 debtors not required to seek approval to employ special counsel. The Chapter 13 debtors moved to employ special counsel for representation in state-court litigation, but § 327(e) did not apply to Chapter 13 debtors when no request was being made to pay the special counsel from...

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A Chapter 13 plan can be confirmed to pay a 100% dividend to unsecured creditors while maintaining payments to a student loan creditor as a long-term debt (which will not satisfy the student loan in the commitment period) without committing all available disposable income. (Mullin) In re Victoria Florita Durand-Day, 2022 WL 14938726 (Bankr. N.D. Tex. October 26, 2022) Case...

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Henry E. Hildebrand, III

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Mortgage service provider for a Chapter 13 debtor violates the automatic stay when it denies debtor the ability to make online payments through a portal which gave its customers, the option to make electronic payments.

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Artificial intelligence (AI) has become a transformative force across various industries, including legal practice, where it offers numerous advantages and some challenges. This article explores the different types of AI, its potential uses in bankruptcy law, and the necessary precautions attorneys must take to avoid ethical pitfalls.

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Critical Case Comment – Swackhammer Smackdown

Henry E. Hildebrand, III

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In order to modify a plan confirmed under Chapter 12 pursuant to § 1229, the movant must demonstrate that there was a substantial change in circumstances that is sufficient to justify modification of a plan. (Norton) Farm Credit Services of America PCA v. Swackhammer, 2023 WL 3591920 (8th Cir. BAP May 23, 2023) Case Summary The Swackhammers were farmers who...

Twenty Years After BAPCPA; The Federal Form Still Doesn’t Follow the Statute

Robert G. Drummond

September 28, 2025

“The calculations in Form B122C-1 are directly at odds with the calculations in § 1325(b)(2)(B).”

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The Hanging Paragraph – Hanging on Every Word Part 2 of 4

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By Anthony J. Gomez, CPA, former extern to the Honorable John P. Gustafson, Northern District of Ohio at Toledo III. Applying the Hanging Paragraph a. Application of the Hanging Paragraph – Timing of Debt In order for the hanging paragraph to apply, the debt must be secured by a purchase money security interest (“PMSI”) in either: 1) a motor vehicle...

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4 Reasons to Keep Time Records No One Discusses

Cathy Moran

July 17, 2022

Mention keeping time records to a bankruptcy lawyer and you’re likely met with expressions of utter revulsion. All too many assert that the major appeal of being a bankruptcy lawyer is precisely that they don’t have to keep time. Between flat fee deals with clients, and no look fees in Chapter 13, they feel liberated from the clock and the...

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Strategies in Court Arguments – Are We Tired of Baseless Accusations in Arguments Yet?

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As a gift, Judge Clarkson shares an article with Academy readers on courtroom strategies.

The ACP: Applicable or Immutable? – Part 2 of 4

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