From the Ninth Circuit Court of Appeals

- July 15, 2018

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Opinion: Goudelock v. Sixty-01 Association of Apartment Owners

“The panel reversed the district court’s decision affirming the bankruptcy court’s summary judgment in favor of a condominium association, which sought in an adversary proceeding to determine the dischargeability of a debtor’s personal obligation to pay condominium association assessments that accrued between the date the debtor filed her Chapter 13 bankruptcy petition and the date the condominium unit was foreclosed upon.”

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From the Editor – Avoidance

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By The Honorable William Houston Brown (Retired) Chapter 7 trustee’s avoidance of post-petition mortgage lien. After filing Chapter 7, the debtor, without prior authority, refinanced property of the estate twice and the trustee sought avoidance of the mortgage lien under § 549. No defense was available because the mortgagee did not qualify as a good faith transferee, having knowledge of...

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Rebecca Rogers Garcia

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Rebecca Rogers Garcia was a staff attorney for Mary B. Grossman, the Chapter 13 Trustee in Milwaukee from 2002 until November 2014. Prior to her employment with the Chapter 13 Trustee; she represented debtors in consumer cases. Ms. Garcia is on the board of the Bankruptcy, Insolvency and Creditors Rights Section of the State Bar of Wisconsin and a member...

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The Academy

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Congratulations to all but specifically the two bankruptcy courts with recognized recipients!

From the Editor

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By The Honorable William Houston Brown (Retired) Debt buyer was debt collector under FDCPA. The Ninth Circuit agreed with the Third Circuit that an entity purchasing consumer debts qualified as a debt collector under the Act, 15 U.S.C. § 1692(a)(6), even though it outsourced the actual debt collection activity. McAdory v. M.N.S. & Assoc., LLC, 952 F.3d 1089 (9th Cir....

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By James M. Davis, Staff Attorney to Chapter 13 Standing Trustee Henry E. Hildebrand, III (Nashville, TN) Bankruptcy Courts take determinations from the Supreme Court seriously. And rightfully so. But sometimes, some bankruptcy courts are guilty of reading too much into the Court’s statements. The latest example is the soul searching around “nunc pro tunc” (“now for then”) orders. Earlier...

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Cathy Moran

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On Thanksgiving, I’m mindful of how precious the American approach to insolvency is.

Thoughts on the Law: Stay at the Crossroads – The Code of the Wild, Wild West?

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By The Honorable John P. Gustafson, United States Bankruptcy Judge, Northern District of Ohio (Toledo) There are two legal battles going on that may end up being dysfunctionally related…. 1. What Happens If The Automatic Stay Is Not Extended In A “Second Case Pending Within One Year”? A split of authority has been percolating since 2005, involving the all too...

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