Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville)

A domestic support obligation claimholder is prohibited from intercepting a Chapter 13 debtor’s post-confirmation income if such is inconsistent with the debtor’s plan and confirmation order. State of Florida Department of Revenue v. Gonzalez (In re Gonzalez), 2016 WL 4245422 (11th Cir. August 11, 2016) (Siler)

Case Summary

In May of 2011, Gonzalez filed a Chapter 13 petition. He proposed in his plan that arrearages to a domestic support obligation claimholder would be paid in . . .

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Escrow 102 – Part 3 of 4

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By Michael J. McCormick, Esq., McCalla Raymer Leibert Pierce, LLC (Roswell, GA) Escrow 101 – Part 1 Escrow 101 – Part 2 Escrow 101 – Part 3 Escrow 102 – Part 1

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When the Duty to Provide Tax Returns Collides with Confidentiality

Michael B. Joseph

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Bankruptcy Code Section 521(e)(2)(A)(i) and (ii) provides that a debtor must supply tax returns to the trustee in a chapter 7 or 13 case, and to a creditor who timely requests such copy. Must the debtor provide copies that contain personal identifying information such as names, addresses and social security numbers of dependents including minor children? Or a redacted version...

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The NACTT Emeritus Trustees

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Henry E. Hildebrand, III

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Just because a Chapter 13 plan satisfies the disposable income test does not mean it passes the good faith test particularly if luxury items are involved.

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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,...

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The Academy

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From the Editor

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By Wm. Houston Brown, United States Bankruptcy Judge (Retired) Attorney Fees - Chapter 13 debtor’s attorney not entitled to recovery under § 330 of fees that were incurred in defending prior attorneys’ sanctions motion. The debtor’s prior attorneys had sought to impose sanctions on the current attorney, and that attorney successfully defended against sanctions. However, the fees incurred by the...

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The Academy

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Amended Rule 2002(a)(5) – Who Gets Served and Who Petitions the Court for Change?

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