Discharge Issues: Practice Tips and “OMG!” Lessons from the 2016 NACTT Annual Conference

By Beverly Burden, Chapter 13 Standing Trustee for the Eastern District of Kentucky (Lexington)

I’m sharing a few practice tips and “OMG!” lessons we picked up at the NACTT Annual Conference in Philadelphia in July. This article is on two important case decisions affecting the debtor’s chapter 13 discharge (both warranted “OMG!” reactions from my staff attorneys and me).

  1. OMG!: The discharge injunction does not prevent the collection of a DSO claim that was disallowed by the bankruptcy court, which had sustained the debtor’s objection to a portion of the DSO claim, per . . .

    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.

Related Articles

rmichaelsmith
September 18, 2022
As we observe the growing discussion over the tremendous amount of outstanding student loan debt, several points of clarification might do us well. There are those favoring relief for debtors now unable to pay their student loans. They have proposed various forms of relief, including several forgiveness programs and re-allowing such debts to be discharged in bankruptcy under more usual...
Members
November 14, 2021
By Mary Beth Ausbrooks, Rothschild & Ausbrooks PLLC (Nashville, TN) With the prolonged decline in case filings, I found that sending a mass emailed newsletter has been very beneficial. In order to send a mass email to a group of people, it was necessary to find software that would send the emails out in such a fashion that the email...
Members
Consumer Bankruptcy Education
December 7, 2025
The Academy needs your help - RIGHT NOW (please) - If you know of an attorney who represents a local bank or HOA, please copy/paste this webinar registration and send it to them. You will be doing them a huge favor! Webinar Registration - It’s Here: Don’t Get Tripped Up by 3002.1 – December 12 – 2:00 Eastern
hoffman
February 18, 2024
Retirement of the Honorable John E. Hoffman, Jr., Chief Judge
June 21, 2020
By The Honorable William Houston Brown (Retired) Objection to proof of claim barred by preclusion. The Chapter 13 debtor objected to Wells Fargo’s proof of claim in an adversary proceeding that alleged the note had been procured by fraud and was unenforceable; but the debtor had previously litigated those and other issues in the state court. Preclusive effect of the...
Members
October 20, 2019
By The Honorable William Houston Brown (Retired) Claimant in proof of claim lacking prima facie validity was sanctioned. The proof of claim secured by the debtor’s residence failed to satisfy Rule 3001(c)(2)(C) requirements, including incomplete Form B 410A with no payment history. The claimant’s attempt to amend the claim on the eve of the contested objection to claim would defeat...
Members
March 31, 2019
By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee When the wages of an insolvent spouse are deposited into the couple’s entireties account, both spouses are fraudulent transferees; wage deposits spent on non-necessary expenditures are recoverable from the joint account by determining the proportion to the overall share of wages in the account as...
Members
bobdrummond
October 20, 2024
“Can a Debtor avoid a lien when a creditor holds a secured position that preceded the Debtor’s ownership interest . . . ? Judge Michelle Harner, . . . recently addressed this issue.
Members
May 17, 2020
By The Honorable William Houston Brown (Retired) No attorney fees for Chapter 7 work in converted case. In a case that began as Chapter 7 and converted to Chapter 13, the debtor’s attorney sought fees for work in the Chapter 7 phase under § 330(a)(4)(B) rather than § 330(a)(1). The Court found the better interpretation of § 330(a)(4)(B)’s language “in...
Members
happythanksgiving2023turkey
November 19, 2023
As our ‘thank you’ to our loyal readers, we bring you a completely non-password protected issue! ENJOY.

Looking to Become a Member?

ConsiderChapter13.org offers a forum to advance continuing education of consumer bankruptcy via access to insightful articles, informative webinars, and the latest industry news. Join now to benefit from expert resources and stay informed.

Webinars

These informative sessions are led by industry experts and cover a range of consumer bankruptcy topics.

Member Articles

Written by industry experts, these articles provide in-depth analysis and practical guidance on consumer bankruptcy topics.

Industry News

The Academy is the go-to source for the latest news and analysis in the Chapter 13 bankruptcy industry.

To get started, please let us know which of these best fits your current position: