Exemptions and Other Pitfalls - Part 6 of 6 • NACTT Academy

Exemptions and Other Pitfalls – Part 6 of 6

By Pam Bassel, Standing Chapter 13 Trustee and Heena Hirani, Staff Attorney, North Richland Hills, TX

(Produced and first published for the State Bar of Texas 31st Annual Advanced Consumer Bankruptcy Course February 4-5, 2016)

From the Perspective of a Chapter 7 and a Chapter 13 Trustee1

PAYMENTS UNDER THE CHAPTER 13 PLAN

In the typical Chapter 13 bankruptcy proceeding, the Debtor proposes a Plan to reorganize the secured or priority debt on which he/she is delinquent while making the on-going payments . . .

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Student Loans in Existing Chapter 13’s

Josh Cohen, Scott Waterman

October 1, 2023

In conjunction with The Academy’s recent webinar on Student Loans, Scott and Josh offer a follow-up check list – a MUST READ! “With all the new student loan servicing changes, what should debtor attorneys be doing as to pending chapter 13 cases where their clients owe federal student loans? Here’s the short list:”

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Chapter 13 No-Look Fees – Additional Thoughts

The NACTT Emeritus Trustees

January 7, 2024

As a follow-up to The Academy’s December 3, 2023, issue, three Emeritus Trustees weighed in. The 12/3/23 issue included Cathy Moran’s Chapter 13 NoLook Fees: The Horns of a Dilemma and Trustee Hildebrand’s Critical Case Comment, You Gotta Fix Your Own Screw-ups, On Your Own Dime. You may also want to take note of comments on each article and add your own. Today, we offer the thoughts of two additional Emeritus Trustees. Thus a follow-up to our follow-up. 😊

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From the Archives – An Oldie but Goodie

Nancy B. Rapoport

April 14, 2024

Ms. Ps & Qs on ‘Wet Signatures’ – Yep, they are important and nope, you can’t blame others for your mistakes.

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What’s It Worth to You?

Cathy Moran

August 21, 2022

If all the children in Lake Woebegon are above average, all the small businesses our clients run are quite valuable.If the Chapter 13 trustee is asking the question, anyway. I rail when the Chapter 13 trustee’s business questionnaire asks, “how much would you sell your business for.” Phrased that way, the question implicates all kinds of facts that aren’t in...

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Critical Case Comment – Pay the TAXES!

Henry E. Hildebrand, III

July 10, 2022

Failure of Chapter 13 debtors to satisfy post-petition property tax payments to the county, specifically required in the debtors’ Chapter 13 plan, renders the debtors ineligible for a discharge, even where the debtors proposed a loan modification to repay the mortgage creditor which had advanced the post-petition taxes. (Rodriguez) In re Villarreal, 2022 WL 1102223 (Bankr. S.D. Tex. April 12,...

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Critical Case Comment – How Much Is It Worth – Then/Now?

Henry E. Hildebrand, III

January 22, 2023

On a trustee’s motion to modify a confirmed Chapter 13 plan, Court required debtor to commit funds to unsecured creditors based upon the previously undisclosed equity generated from post-petition sale of property. (Warren) In re Croniser, 2022 WL 3639413 (Bankr. E.D. N.C. August 23, 2022) Case Summary Duane Croniser filed a voluntary petition under Chapter 13 in January of 2020....

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The Student Loan Solution

Henry E. Hildebrand, III

October 16, 2022

Recently, news stories, political pundits, social media outlets and the talking heads have become keenly aware of the growing danger imposed by burgeoning student loan debt and the economic chaos it has caused and will continue to cause. Although the crisis appears to dominate our cell phones and news feeds, bankruptcy professionals involved in consumer bankruptcy matters are fully aware...

Ninth Circuit BAP Says§ 523(a)(15) Includes §§ 523(a)(2), (4) and (6) in Chapter 7

M. Jonathan Hayes

January 28, 2024

Does § 523(a)(15) include claims by a spouse against the other spouse for fraud etc, i.e., §§ 523(a)(2), (4) and (6), in a chapter 7 case?

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Fraud Imputed to Partner – Bartenwerfer v. Buckley

The Honorable William Houston Brown

February 26, 2023

On February 22, the Supreme Court issued its opinion in Bartenwerfer v. Buckley, 598 U.S. _____, 2023 WL 2023 WL 2144417 (Feb. 22, 2023), affirming the Ninth Circuit’s decision and resolving “confusion in the lower courts on the meaning of § 523(a)(2)(A).”1 Two Justices joined the opinion with the understanding that the Court was only addressing fraud in the context...

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Critical Case Comment – Sec. 328 vs. Sec. 327 Not Exactly a Smack Down

Henry E. Hildebrand, III

July 17, 2022

A referral fee by retained special counsel paid to debtor’s attorney violates the prohibition in § 504 in that the referral fee constitutes an unauthorized splitting of attorney’s fees. (Williamson) In re Davis, 638 B.R. 198 (Bankr. M.D. Fla. March 31, 2022) Case Summary Four years after Lisa Davis filed her Chapter 13 petition, she was involved in an auto...

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