Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Trustee (Nashville, TN)

ATTENTION: INCLUSION OF THIS CASE AS A GREATEST HITS WAS IN ERROR - this case was reversed and remanded by the U.S. District Court in Miner v. Johnson, 589 B.R. 51, W.D.La., May 23, 2018. We apologize for any inconvenience.

Above-median income debtors are required to contribute to their Chapter 13 plans the amount of any voluntary 401(k) loan repayment after that loan has been satisfied; voluntary contributions to a 401(k) account . . .

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Bankruptcy Rules, New and Proposed

James M. Davis

December 8, 2024

The amendments to the Bankruptcy Rules that took effect on December 1, 2024, are primarily stylistic, but they do include a few substantive changes. More controversial changes are in the pipeline for December 2025, however, with significant changes to Rule 3002.1 proposed.

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Unredeemed Pawned Property and Chapter 13 Plan Confirmation: Must a Pawnbroker Object?

November 1, 2020

From their spring edition of The Quarterly our friends at NACTT have shared a timely piece from creditor attorney Thomas Humphries. _____________________ Thomas Humphries is an attorney with the firm of Sirote & Permutt, PC in Birmingham Alabama. Thomas represents the mortgage banking industry and various creditors in bankruptcy proceedings throughout the State of Alabama. Thomas’s practice includes the defense...

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Judicial Year in Review 2021: Part 3 – Selected Cases under Parts IV-VII of the Federal Rules of Bankruptcy Procedure

Lawrence R. Ahern, III

December 5, 2021

Introduction Following Part 1's review of the December 1, 2021 changes in the Federal Rules of Bankruptcy Procedure, and Part 2's digest of selected judicial decisions of interest for their procedural import . . . It looks like you are not signed in or registered! This content is only available to members. Join Now Or sign in below: Username or...

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Preferences: When does the Clock Start Running?

Alan C. Hochheiser

February 19, 2023

Creditors may now be subject to more preference actions, especially for those cases filed in Indiana. The Seventh Circuit recently overturned long-standing precedent that the preference period on garnishment of attachment would no longer run from the date of service or knowledge of the attachment but when the funds were paid over. The Seventh Circuit Court of Appeals in Mark...

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Word to the Wise: Failure to Properly Notice a Creditor Is Bad!

M. Jonathan Hayes

April 7, 2024

When the debtor fails to properly schedule a creditor in an asset case, is the now non-dischargeable debt under § 523(a)(3) limited to the amount the creditor would have received had it filed a proof of claim?

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Bankruptcy Courts Grapple with the “COVID-19 Discharge”

April 18, 2021

By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN) Introduction Analyzing the new "COVID-19 discharge" provision added to Chapter 131 by Congress on December 27 as part of the coronavirus emergency response legislation, the Bankruptcy Court for the Central District of California decided in In re Ritter2 that, in order to receive such a discharge, debtors must still comply...

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Amendments to Federal Rule of Bankruptcy Procedure 3002.1

The Academy

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

New Trustee Named

The Academy

September 3, 2023

Tracy Updike of Harrisburg, Pennsylvania, has been named as a Chapter 13 Standing Trustee for the Northern District of Indiana. Updike will be filling the trusteeship vacated by Debra Miller when she accepted a trusteeship in the Eastern District of Tennessee.

Watching Where You Step on Dirty Boulevard: De-escalation in Bankruptcy Practice

Kara K. Gendron

February 8, 2026

De-escalation in bankruptcy means re-establishing structure and clarity—slowing things down and communicating clearly so the process, not the conflict, controls the case.

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Remember, Landlords Are Sacred Cows in Bankruptcy

June 27, 2021

By M. Jonathan Hayes, Resnik Hayes Moradi LLP (Los Angeles, CA) (Reprinted with permission. Originally published by the Los Angeles Daily Journal on May 20, 2021) We have been getting a lot of calls recently as you might expect from distressed small businesses. The “free” government money is starting to run out and panic is setting in. The potential client...

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Critical Case Comment

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Related Articles

Bankruptcy Rules, New and Proposed

Unredeemed Pawned Property and Chapter 13 Plan Confirmation: Must a Pawnbroker Object?

Judicial Year in Review 2021: Part 3 – Selected Cases under Parts IV-VII of the Federal Rules of Bankruptcy Procedure

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