From the Editor – Appeals • NACTT Academy

From the Editor – Appeals

By The Honorable William Houston Brown (Retired)

District court had discretion to deny stay pending appeal. The district court affirmed denial of the credit card issuer’s motion to compel arbitration in the putative class action concerning alleged violation of the discharge injunction. The district court had held that violation of the discharge injunction is such a substantive issue essential to the proper functioning of the Bankruptcy Code that arbitration would not adequately protect. The card issuer moved for a stay of the bankruptcy proceeding pending further appeal, and the district court applied the traditional four . . .

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Can a Secured Claim Still “Ride-Through” Bankruptcy Despite BAPCPA? Part 2: Looking Beyond In re Rhodes

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Background A recent Chapter 7 case out of the Bankruptcy Court for the Southern District of California, In re Rhodes,1 addressed reaffirmation in a context that should be of interest to debtor's attorneys. As explained in Part 1, Rhodes points out that the "ride-through" of a debtor's secured debt after a Chapter 7 — which Congress . . . It...

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Cathy Moran

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Communications Practice Pointer! Convincing clients that all of their debts must be included in bankruptcy is one of the hardest parts of being a bankruptcy lawyer. Communicating clearly with our clients, in their language, is a key part of our job. The struggle often seems Herculean.

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Conflicting Interpretations: A Chapter 13 Trustee’s Compensation After Pre-Confirmation Dismissal or Conversion – Part 2 of 3

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ABI Commission on Consumer Bankruptcy – Collateral Repossessed Pre-Petition

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“Although exemptions are meant to be interpreted liberally; this issue may become increasingly complex with the rise of remote work such as traveling nurses.”

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Just prior to a confirmation docket in September of 2006, a local creditor attorney asked me if I would be interested in coming to work at his firm. The chapter 13 trustee was in the room and could not help but overhear. After the docket that trustee asked me if I was looking for a job. I wasn’t . ....

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Changes to Form 410A Effective December 1st

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Just a few more weeks ‘til principal and interest gotta be listed separately on a POC.

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