From the Editor – Automatic Stay • NACTT Academy

From the Editor – Automatic Stay

By The Honorable William Houston Brown (Retired)

Repossessing creditor’s passive retention of vehicle did not violate stay. A vehicle had been repossessed pre-bankruptcy, and the Chapter 13 debtor moved for turnover and for stay violation damages related to retention of the vehicle. The court concluded that in Chapter 13 it is the debtor, rather than the trustee, who has standing under § 542(a) to seek turnover of property that the debtor could use, sell or lease. Although this debtor did not have legal title to the vehicle, she had an equitable interest at the . . .

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Eastern District of Michigan

The Academy

July 21, 2024

Notice of Continued Recall Service of Judge Thomas J. Tucker

The New DOJ/DOE Guidance for Student Loan Bankruptcy Litigation: Promising Early Results

Honorable Brian D. Lynch

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“The problem in the past for student loan borrowers in bankruptcy has been that hardship discharge litigation has been complex, expensive and arbitrary. . . . The new guidance has simplified the process.”

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From the Editor – Claims

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By The Honorable William Houston Brown (Retired) Claim allowed after reopening of no-asset case. The Chapter 7 case filed as no-asset was reopened after discovery of assets for distribution, and debtors objected to a claim on basis of statute of limitations. Affirming, the Bankruptcy Appellate Panel held that the time to commence action on the claim had been tolled under...

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The Hanging Paragraph – Hanging on Every Word Part 2 of 4

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By Anthony J. Gomez, CPA, former extern to the Honorable John P. Gustafson, Northern District of Ohio at Toledo III. Applying the Hanging Paragraph a. Application of the Hanging Paragraph – Timing of Debt In order for the hanging paragraph to apply, the debt must be secured by a purchase money security interest (“PMSI”) in either: 1) a motor vehicle...

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Henry E. Hildebrand, III

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While a 13 trustee is partially insulated by the Barton doctrine from being dragged into state court, if a movant seeks authority from the Bankruptcy Court to pursue the trustee and satisfies the conditions of the Barton doctrine, the trustee may be subject to state court judicial proceedings. (Hall) In re Alexander Louis Bednar, 2021 WL 1625399 (Bankr. W.D. Okla....

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The Academy

October 22, 2023

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...

Delinquent Utilities and Disconnection Under New Bankruptcy Provision

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By Cathy Moran, Esq. (Redwood City, CA) Bankruptcy debtors with delinquent utility bills got a measure of protection from interruption in their service under an amendment to the Bankruptcy Code in the omnibus spending bill enacted December 27,2020. Individual debtors cannot have their utilities disconnected as long as they make some payment for service provided promptly after the commencement of...

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When The Marital Community Doesn’t Get a Bankruptcy Discharge

Cathy Moran

November 13, 2022

Community property works differently in bankruptcy. I probably don’t have to tell you that. On the issue of assets and debts, community property is pretty straightforward. All of the community property comes into the estate upon the commencement of a bankruptcy case, even when only one spouse files. §541(a)(2). Every creditor with a right to be paid from the community...

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Navigating Secured Creditors Who File Unsecured Chapter 13 Claims

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By Eric K. Fox, Esq. (Hendersonville, TN) Jane Debtor has a home with a mortgage. An unsecured creditor obtains a judgment against Jane for, say, a credit card debt. Creditor’s attorney records a certified copy of the judgement order with the county register of deeds, thereby converting the unsecured claim against Jane in personam, to a secured claim against her...

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No Room for Error? Determining Whether Your “Secured” Creditor Has a Fatally Deficient UCC-1

March 22, 2020

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN) Click here for Part I Click here for Part II Part III - Description of Collateral Introduction The . . . 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 E-mail:

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