“Cure and Maintain” in Chapter 20? Not in Canton, You Don’t!

By Academy Staff

The concept of a “Chapter 20” has been around as long as the Bankruptcy Code. Debtor files for relief under Chapter 7 and receives a discharge. Then Debtor files a Chapter 13 to “cure and maintain” a mortgage arrearage. Perhaps because the Debtor was in default on the mortgage when the Chapter 7 was filed but Debtor needed some relief in the Chapter 7 before filing a Chapter 13 (possibly because Debtor’s unsecured debts raised debt limit issues under Section 109); maybe by receiving the Chapter 7 discharge, the Debtor is now able to . . .

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How to Present an Effective Summary Judgment Motion

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By Hon. Erik P. Kimball, United States Bankruptcy Court for the Southern District of Florida (Used with permission - Originally Published by the Courthouse Beacon, United States Bankruptcy Court for the Southern District of Florida August, 2020) Summary Judgment Applies In Contested Matters Bankruptcy Rule 7056 incorporates all of Federal Rule 56 for purposes of adversary proceedings, adjusting only the...

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By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville) In calculating an above-median income debtor’s projected disposable income, the court may deduct from the debtor’s current monthly income only the expenses as listed in the IRS manual and not the debtor’s actual expenses. (Taylor) In re Rodriguez, 520 B.R. 94 (B.A.P. 9th Cir....

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From the Editor – Dismissal

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By The Honorable William Houston Brown (Retired) Marijuana connection required case dismissal. The Chapter 13 debtors owned interests in an entity that was engaged in litigation to recover damages for breach of contract related to growing and selling marijuana, and this connection required dismissal of the case. Continuing administration of the case “would likely require the trustee or the court...

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Fastest Way to Check Tax Refund Is ‘Where’s My Refund?’ Tool at IRS.Gov

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Offering time-saving alternatives to a telephone call, the IRS reminds taxpayers they can get fast answers to their refund questions by using the “Where’s My Refund?” tool available on IRS.gov and through the IRS2Go app. The IRS issues nine out of 10 refunds in less than 21 days, and the fastest way to get a refund is to use IRS...

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Critical Case Comment – Debtor Not Current But May Invoke CARES Remedies

Henry E. Hildebrand, III

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Chris Hawkins Appointed Judge

The Academy

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Chris Hawkins was sworn in as a bankruptcy judge for the Middle District of Alabama on March 14, 2022, succeeding Judge William R. Sawyer. Before his appointment, Chris was a partner at Bradley Arant Boult Cummings LLP, where he focused exclusively on bankruptcy and insolvency matters. For over twenty years, he represented debtors and creditors in out-of-court restructurings, commercial and...