The Shifting Sands of Res Judicata in the Fourth Circuit

The Shifting Sands of Res Judicata in the Fourth Circuit – Part 2

By Mark C. Leffler and Emily Connor Kennedy
click here for part 1
Recently, debt collectors have had reasons to celebrate. Two decisions, Midland Funding, LLC v. Johnson and Covert v. LVNV Funding, LLC, have provided them with protection against liability under the Fair Debt Collection Practices Act (FDCPA) for their actions in filing proofs of claim in bankruptcy cases in order to collect defaulted consumer debts. In Covert v. LVNV Funding, LLC, 779 . . .

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Remembrances of a Retired Trustee

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By Mike Fitzgerald It has been almost one full year since I retired as the Chapter 13 Standing Trustee in Seattle. I am happy to report that my family and I are enjoying ourselves immensely. As retirement grows more comfortable, I find myself looking back with mostly very fond memories at the nineteen years I served as a Trustee, as...

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Meet a New Trustee

The Academy

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Angela M. Scolforo was appointed as the Chapter 13 Standing Trustee for the Western District of Virginia on April Fool’s Day. She replaced Herbert L. Beskin who served as the Trustee for 20 years, retiring in March of this year. Angela received a B.A. in English from College of the Holy Cross in Worchester, Massachusetts, in1987. She did not immediately go...

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By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville) A Non-Governmental Private Student Loan Obligation is not always excepted from discharge by § 523(a)(8). (Holmes) McDaniel v. Navient Solutions, LLC, 2020 WL 5104560 (August 31, 2020) Case Summary Bryon and Laura McDaniel filed a Chapter 13 petition in 2009. They acknowledged that, among...

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Critical Case Comment – Bad Faith to Not Pay Both Tests?

Henry E. Hildebrand, III

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Chapter 13 debtor is not obligated to pay both the disposable income pool and the best interest of creditors test pool to achieve confirmation, only the larger of the two; it is not a manifestation of bad faith that the debtor does not pay both the disposable income pool and the best interest of creditors test amounts. (Altenberger) In re...

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Important Research Survey

The Academy

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As a professional in an occupation that may often interface with people handling life disruptions (e.g., divorce/separation, unemployment, mortgage foreclosure) you are being asked to participate in a study being conducted by the University of Southern California.

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From the Editor – Claims

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By The Honorable William Houston Brown (Retired) Unreasonable fees for proof of claim. $4,000 fee for private mortgagee’s proof of claim and objection to proposed plan was unreasonable, and creditor was denied recovery of $7,500 attorney fee for responding to debtor’s objection to proof of claim. The Court considered Fannie Mae’s guidelines for maximum fees related to proof of claim...

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The Power of a Checklist

Jay S. Jump

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