Ask Ms. Ps & Qs

By Professor Nancy Rapoport

Dear Readers:

I just finished reading a disgorgement case (In re D’Arata, Case No. 18-10524-shl, United States Bankruptcy Court for the Southern District of New York, Docket No. 39.) Although D’Arata is a chapter 7 case, you might be interested in the Court’s take on appearance counsel.

In this case, the first appearance counsel (yes, there was more than one) showed up at the 341 without knowing anything about the debtor’s situation, which had included the debtor’s claim that his counsel (not the . . .

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Unjust Enrichment from Spouse’s Defalcation Leads to a NondischargeableDebt

Leee Miyahira

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Debtor’s spouse’s liability for damages resulting from wrongdoings may be nondischargeable debt of the debtor if debtor was unjustly enriched by spouse’s wrongdoing. In this very well written case synopsis, 3rd year law student Leee Miyahira looks at a unique case out of Hawaii.

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New and Revised Bankruptcy Forms

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By William Houston Brown, Editor and Adviser, NACTT Academy for Consumer Bankruptcy Education, Inc. Several Official and Director’s Forms related to bankruptcy filings are revised and some are new, with some already taking effect on October 1, 2019, others to take effect December 1, 2019, and others taking effect February 19, 2020. Several forms have already been updated on April...

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Passing of Memphis’ Beloved Judge Kennedy

The Academy

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The Honorable David S. Kennedy, retired Chief U. S. Bankruptcy Judge, Western District of Tennessee, passed away on November 26, 2023.

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Henry E. Hildebrand, III

March 5, 2023

Mortgage loan servicer violated mortgage agreement with debtor, the automatic stay, the confirmation order and Rule 3002.1 by applying debtor’s post-petition monthly mortgage payments pursuant to the contractual terms of the loan, thereby applying post-petition payments to the debtor’s pre-petition mortgage arrearage. (Cary) In re Pope, 647 B.R. 597 (Bankr. D. N.H. August 15, 2022) Case Summary In November of...

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CARES Act Financial Hardship ‘Laundry List’

April 5, 2020

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN) During the free Academy webinar The CARES Act – Impacts on Chapter 13 on April 2, 2020, the panel – Judge Wm. Houston Brown (Retired), Amanda DeBerry and I – referred to the importance of detailing the reasons for modifications or suspensions to be related to financial hardship stemming...

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Critical Case Comment – Although a Mess, Month-to-Month Lease Assumed

Henry E. Hildebrand, III

June 4, 2023

A month-to-month residential lease can be assumed and defaults cured in a Chapter 13 plan. (Rucker) In re Mattoon, 2022 WL 2080184 (Bankr. E.D. Tenn. June 9, 2022) Case Summary Sarah Mattoon executed a lease with Open Doors in September of 2019. Several of Ms. Mattoon’s family members lived with her in the rented apartment including her “companion” and her...

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All Taxpayers Should Plan Ahead for Natural Disasters

June 9, 2019

Floods, wildfires, hurricanes, tornados and other natural disasters happen quickly and often with little warning. No one can prevent these disasters from happening, but people can prepare for them. Here are some things taxpayers can do to help protect their financial safety should a disaster occur. Taxpayers should: Update emergency plans. A disaster can strike any time. Personal and business...

Progeny of Taggart: In re Gravel and Newrez, LLC v. Beckhart

September 12, 2021

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN) Introduction In re Taggart In 2019, the Supreme Court in In re Taggart1 ruled that the acts alleged in that case to be in violation of a discharge injunction did not empower the bankruptcy court to find the creditor in contempt. In so holding, the Court ostensibly attempted to strike...

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Topp – Upending Till??

Jody Bledsoe

August 27, 2023

The Eighth Circuit recently released its Topp opinion. At issue was the appropriate starting point for determining the discount rate to be used when paying secured claims under a chapter 12 plan. The debtor, who had gained confirmation of his plan before the bankruptcy court, proposed paying claims to Farm Credit Services over 20 years at a rate based on the...

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Adjustment of Certain Dollar Amounts

The Academy

February 23, 2025

Changes will be applicable to bankruptcy cases filed on or after April 1, 2025. Click here for a PDF chart of all the changes.

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Related Articles

Unjust Enrichment from Spouse’s Defalcation Leads to a NondischargeableDebt

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