Response to ProPublica Article Discussing Racial Patterns in Bankruptcy Filings and Outcomes – Part 1 of 3

By Ricky Hutchens, Law Clerk to The Honorable David S. Kennedy, U.S. Bankruptcy Court, Western District of Tennessee (Memphis)
Click here for Part 2, Click here for Part 3
Something strange happened at the beginning of October 2017. People began to ask me about my line of work. Not in the polite "what-do-you-do-for-a-living" sort of way, but actually interested in what was happening in my field. This was odd because I am a lawyer who . . .

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From the Editor – Fair Debt Collection Practices Act

February 2, 2020

By The Honorable William Houston Brown (Retired) Limitations period for actions under FDCPA. Construing the statute of limitations for actions against debt collectors under the Fair Debt Collection Practices Act (FDCPA), the Supreme Court held that “absent the application of an equitable doctrine, the statute of limitations in § 1692k(d) begins to run on the date on which the alleged...

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Taggart v. Lorenzen: Supreme Court Stakes Out Middle Ground on Contempt Standard for Discharge Injunction Violations, Leaves Clues About Automatic Stay Violations

June 16, 2019

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN) Introduction – The Taggart Ruling Last year, the Ninth Circuit in In re Taggart1 ruled that an act in violation of the discharge injunction did not empower a court to find a creditor in contempt, if the creditor believed in good faith that the discharge injunction did not apply—even if...

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Missed Notices, Big Consequences: Ninth Circuit Clarifies Creditor Rights

Henry E. Hildebrand, III

September 29, 2024

Creditor with inadequate notice holds a fully nondischargeable obligation following a Chapter 7 discharge.

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Chapter 13 Trustees Prosecutorial Discretion

The NACTT Emeritus Trustees

July 30, 2023

While administering cases, Chapter 13 Trustees should carefully exercise their prosecutorial discretion. Trustee discretion is a powerful tool. It should be used wisely and consistently. Trustees should have office policies in place fort heir attorneys and office staff. What matters involve discretion? The UST Chapter 13 Handbook describes some: We asked the NACTT Emeritus Trustees for their thoughts and examples...

Consumers Are Consuming Cash at an Unsustainable Rate

Kevin R. Anderson

June 26, 2022

Consumers have burned through their stimulus cash and are now drawing down their savings to satisfy pent up spending sprees and to cover the increasing cost of living. This cannot continue. From 2015 through the end of 2019, consumers held a consistent average of $1.1 trillion in savings. However, with the commencement of the COVID pandemic and the first of...

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Happy Thanksgiving

November 19, 2023

As our ‘thank you’ to our loyal readers, we bring you a completely non-password protected issue! ENJOY.

What IS a Principal Residence?

June 30, 2019

By Phil Lamos, Chief Legal Counsel, Office of the Chapter 13 Trustee Lauren A. Helbling (Cleveland, OH) Section 1322(b)(2) of the Bankruptcy Code states that a Chapter 13 plan may not modify a claim that is “secured only by a security interest in real property that is the debtor’s principal residence.” But the inverse of this statute is true; if...

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A Fireside Chat with…Dr. ChatGPT – Products Available

Jan Hamilton

March 15, 2026

Emeritus Trustee Jan Hamilton has embarked on an exploration of AI as it relates to legal research and uses in an attorney’s office. Here is his ‘conversation’ regarding the various products available to attorneys and how they may – or may not – help you.

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Saldana v. Bronitsky – Point of View

Cathy Moran

December 1, 2024

Stay tuned as next week we will bring you the Counter-Point to Moran’s POV.

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A Fond Farewell

Marie-Ann Greenberg

August 20, 2023

Wishing our dear friend and colleague, Isabel Balboa, a hearty congratulations on her upcoming retirement. As many of you know, Isabel came to the United States from Cuba at the age of 6 with her mother and sisters. Upon leaving Cuba, they were forced to leave everything behind for fear that they would be caught and detained. Her father was...

Response to ProPublica Article Discussing Racial Patterns in Bankruptcy Filings and Outcomes – Part 1 of 3

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Related Articles

From the Editor – Fair Debt Collection Practices Act

Taggart v. Lorenzen: Supreme Court Stakes Out Middle Ground on Contempt Standard for Discharge Injunction Violations, Leaves Clues About Automatic Stay Violations

Missed Notices, Big Consequences: Ninth Circuit Clarifies Creditor Rights

Chapter 13 Trustees Prosecutorial Discretion

Consumers Are Consuming Cash at an Unsustainable Rate

Happy Thanksgiving

What IS a Principal Residence?

A Fireside Chat with…Dr. ChatGPT – Products Available

Saldana v. Bronitsky – Point of View

A Fond Farewell

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