From the Editor – Property of Estate and Exemptions

By The Honorable William Houston Brown (Retired)

Debtor’s right of redemption of property sold at tax sale was property of estate. Denying tax sale purchaser’s motion for stay relief to pursue quiet title action, under Alabama law the Chapter 13 debtor had maintained continuous possession of the property and had an indefinite redemption opportunity that became property of the estate. In re Ferrouillat, 558 B.R. 938 (Bankr. S.D. Ala. 2016).

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The Honorable William Houston Brown retired in 2006 as a United States Bankruptcy Judge for the Western . . .

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Bankruptcy Courts Grapple with the “COVID-19 Discharge” – Appendix B

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Bankruptcy Courts Grapple with the “COVID-19 Discharge” APPENDIX B Side-by-Side Comparison of 11 U.S.C. § 1328(b)-(i) and 11 U.S.C. § 1141(d)(5)(B)-(C) 11 U.S.C. § 1328(b)-(i) Discharge 11 U.S.C. § 1141(d)(5)(B)-(C) Effect of Confirmation (b) Subject to subsection (d), at any time after the confirmation of the plan and after notice and a hearing, the court may grant a discharge ....

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2022 Bankruptcy Procedure Year in Review: Revised Statute and Rules and Selected Cases – Part 4 More on Arbitration Procedure

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Introduction This series reviews developments in bankruptcy procedure during 2022. Amendments to 16 rules and new one new rule took effect December 1, 2022. Many reflected changes necessitated by the Small Business Reorganization Act of 2019 (SBRA),1 and have been in place in the same or similar form on an interim basis since that legislation took effect.

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Taxpayers Should Beware of Property Lien Scam

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With scam artists hard at work all year, taxpayers should watch for new versions of tax-related scams. One such scam involves fake property liens. It threatens taxpayers with a tax bill from a fictional government agency. Here are some details about the property lien scam that will help taxpayers recognize it: This scheme involves a letter threatening an IRS lien...

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This is one of Ed’s best. The study is meaningful, but Ed’s commentary hits all the nails on their heads. This item is not password protected.

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By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville) Chapter 13 debtor may include a provision in the Chapter 13 plan that only estimates the duration of the plan and, absent an objection, such provision would cause the debtor’s plan to terminate and the debtor receive a discharge when the claims have been...

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What to Think About When You’re Thinking About Litigating: One Attorney’s Perspective

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Bankruptcy professionals must weigh when to litigate, compromise, or concede in resolving disputes. The key is to choose a path based on clear judgment rather than emotion or ego.

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Clock Starts When the Order is Entered

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Motion to voluntarily dismiss a Chapter 13 case is not automatic and only takes effect with entry of a court order; the 180-day bar to filing following a voluntary dismissal after a motion for relief from stay starts only when the case is actually dismissed.

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Expiration of Debt Limits

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Welp, it doesn’t look like Congress is going to act . . . As you know, Congress temporarily raised the debt limits for Subchapter V and Chapter 13 debtors. These increased debt limits are set to expire on Friday, June 21, 2024. Without further action by Congress, for Chapter 13 filers, the combined unsecured and secured debt limit will fall...

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Household size isn’t just a headcount—it’s the battleground where disposable income is won or lost. Trustee Lon Jenkin’s intern brings readers an excellent dissection of how to determine household size.

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From the Editor – Property of Estate and Exemptions

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