From the Editor - Eligibility • NACTT Academy

From the Editor – Eligibility

By The Honorable William Houston Brown (Retired)

Requirement of prepetition credit counseling did not require debtor to sign certificate under penalty of perjury. A creditor moved to dismiss the Chapter 13 for the debtor’s failure to sign the statement of completion of credit counseling under penalty of perjury, but the bankruptcy court and Bankruptcy Appellate Panel found no such requirement in § 109(h)(1). The statute only requires that the debtor establish completion of the credit counseling, and the certificate of counseling was signed by a senior counselor of the agency providing the counseling, which . . .

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Beyond Professional Ethics

July 25, 2021

By Merideth Akers, CPA, PHR, Comptroller forBradford W. Caraway (Birmingham, AL) I am a Certified Public Accountant (CPA) and a Professional in Human Resources (PHR). I suspect that many who read this article are Licensed Attorneys. Others may hold a certification from other professions. These entities have their own rules of professional ethics and conduct that govern what we are...

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Are Your Loyalties Divided?

August 22, 2021

By Cathy Moran, Esq., (Redwood City, CA) When a married couple books a bankruptcy consultation, you have an immediate problem: There be dragons, as early map makers helpfully provided. Because, as a lawyer friend of mine says: Anytime there are two people sitting across from you, you have a conflict of interest. That pithy expression has stuck with me and...

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Ask Ms. Ps & Qs

Nancy B. Rapoport

February 18, 2024

This month, Prof. Rapoport looks at the question: What should happen when the Rule 2016 statement on compensation conflicts with the SOFA #16?

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From the Supreme Court

The Academy

June 18, 2023

Lac Du Flambeau Band of Lake Superior Chippewa Indians et al. v. Coughlin Supreme Court rules in favor of borrower of tribal loan –Chapter 13 stay applies. Justices reject tribal immunity from bankruptcy stay.

Preferences: When does the Clock Start Running?

Alan C. Hochheiser

February 19, 2023

Creditors may now be subject to more preference actions, especially for those cases filed in Indiana. The Seventh Circuit recently overturned long-standing precedent that the preference period on garnishment of attachment would no longer run from the date of service or knowledge of the attachment but when the funds were paid over. The Seventh Circuit Court of Appeals in Mark...

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Judicial Year in Review 2021: Revised Rules and Selected Cases – Part 1 Amended Rules

November 7, 2021

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN) Introduction This year's changes in the Rules of Bankruptcy Procedure are summarized below. They will be followed, in Part 2, by a digest of selected judicial decisions in the past year of interest for their procedural implications. December 1, 2021, Amendments to Bankruptcy Rules 2005, 3007, 7007.1 and 9036 On...

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In the Greatest Hits Department . . .

The Academy

May 26, 2024

Staff Attorney Jeff Leforce brought us this case back in January of 2022 . . . When is Enough, Enough? Pro Se Dismissed with Extended Prejudice (and Violates Bar)

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Critical Case Comment – No Mulligans for Gardners

Henry E. Hildebrand, III

October 30, 2022

In order for a debtor to succeed in setting aside a dismissal in a motion filed under Rule 9024, F.R.B.P., the debtor must prove specific grounds as outlined in Federal Rule of Civil Procedure 60(b). (Oxholm) In re Gardner, 2022 WL 654410 (Bankr. E.D. Mich. May 24, 2022) Case Summary Carl and Taisha Gardner filed Chapter 13 in September of...

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Avoidance Powers In Chapter 13 – Part 2 of 6

January 6, 2019

By John P. Gustafson, United States Bankruptcy Judge, Northern District of Ohio, Western Division (Toledo, OH) Click here for Part 1 of 6 Click here for Part 3 of 6 Click here for Part 4 of 6 Click here for Part 5 of 6 Click here for Part 6 . . . It looks like you are not signed in...

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Separately Classifying Student Loans in Chapter 13

Scott Waterman

May 12, 2024

Big news . . . Sneak peak . . . Coming in July . . . You are gonna want this article (just sayin’) Starting July 1st, Chapter 13 debtors in Federal Student Loan income-driven repayment plans will no longer need to classify their student loans separately to receive IDR credit. Credit towards forgiveness will be awarded for each month of trustee payments, regardless of payments made directly to the Department of Education.

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