Bankruptcy is Often a Gambler’s Only Sure Bet

By Scott F. Waterman, Waterman & Mayer (Philadelphia, PA)

Gamblers almost always think the next game will be a winner for them. That’s what keeps them coming back for more, even when they’re sinking in debt. With the construction of many casinos throughout the Philadelphia area, the ease of online gambling, and the latest leniency in sports betting regulations, it’s ever so easy to gamble away hard-earned income and get into a bad debt situation.

But gamblers may actually have some luck on their side if they take advantage of current bankruptcy laws. Chapter 7 . . .

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From the Editor – Claims

February 9, 2020

By The Honorable William Houston Brown (Retired) Failure to include creditor on matrix not grounds to extend time for proof of claim. The Chapter 13 debtor had timely filed her list of creditors, pursuant to Rule 1007(a), but she failed to include a creditor either on that list or in the schedules, resulting in the creditor not receiving notice of...

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Taxpayers Should Beware of Property Lien Scam

October 6, 2019

With scam artists hard at work all year, taxpayers should watch for new versions of tax-related scams. One such scam involves fake property liens. It threatens taxpayers with a tax bill from a fictional government agency. Here are some details about the property lien scam that will help taxpayers recognize it: This scheme involves a letter threatening an IRS lien...

When the Trustee Gets Subpoenaed

August 15, 2021

By Karin N. Amyx, Staff Attorney to Chapter 13 Trustee Carl Davis (Wichita, KS) Trustees possess a variety of sensitive information that could be useful to litigants in contract disputes, divorce and child custody matters, insurance litigation or criminal prosecution. Additionally, debtors, creditors or third parties may be interested in the trustee’s internal operating procedures or legal position on disputes...

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New Fellows of American College of Bankruptcy

December 15, 2019

By William H. Brown, Editor and Advisor, Academy for Consumer Bankruptcy Education, Inc. (d/b/a ConsiderChapter13.org) Members of the Academy and regular speakers at NACTT’s annual seminars were recently elected as Fellows of the American College of Bankruptcy, representing recognition by the College of the important contributions by those in the consumer bankruptcy system. Newly elected Fellows, who are to be...

Critical Case Comment

March 28, 2021

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN) Section 1328(i) requires the court to consider the discharge provisions of §§ 1328(a) through (h) and the fact that incomplete personal residence mortgage payments or a forbearance do not preclude but do not compel a COVID-19 Discharge. (Tighe) In re Ritter, 2021 WL 864092 (Bankr. C.D. Cal. March 5,...

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In re Fulton: Seventh Circuit Affirms Its Position with Majority of Circuits on Passive Retention of Property as Violation of Sections 362 and 542

June 30, 2019

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN) Introduction In In re Fulton,1 the Seventh Circuit has restated its position on passive violation of the automatic stay, holding that failure by the City of Chicago to turn over impounded vehicles after the owners' bankruptcy filings violated Bankruptcy Code sections 362 and 542. Fulton – Background and Ruling The...

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Who Gets the Trustee’s Fee and When?

August 8, 2021

By Henry E. Hildebrand, III, Chapter 13 Trustee, Middle District of TN (Nashville) Chapter 13 trustee is not compelled to return the percentage fee taken from a Chapter 13 case when the case is dismissed prior to confirmation. Harmon v. McCallister, 2021 WL 3087744 (9th Cir. BAP July 20, 2021) (Gan) Case Summary Douglas and Christine Harmon filed a Chapter...

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Judicial Year in Review 2021: Part 3 – Selected Cases under Parts IV-VII of the Federal Rules of Bankruptcy Procedure

Lawrence R. Ahern, III

December 5, 2021

Introduction Following Part 1's review of the December 1, 2021 changes in the Federal Rules of Bankruptcy Procedure, and Part 2's digest of selected judicial decisions of interest for their procedural import . . . 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...

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From the Editor – Discharge

March 14, 2021

By The Honorable William Houston Brown (Retired) Failure to pay postpetition fees under Rule 3002.1 did not prevent discharge. The debtor had completed payments to the trustee and postpetition mortgage payments to the creditor, but she had not paid $1,370 in postpetition fees that had been asserted by the mortgage creditor and noticed to the debtor under Rule 3002.1. That...

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Diaz: Is it Really a Tax Refund?

December 20, 2020

By Cathy Moran, Esq., Moran Law Group (Redwood City, CA) On its face, Diaz (Diaz v. Viegelahn, No. 19-50982 (5th Cir. Aug. 26, 2020)) is a pretty straightforward decision that struck down a local form plan as violating a below-median income debtor's right to use her tax refund to finance necessary expenses for maintenance and support. On a deeper level,...

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