Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville)

A debt obligation for a penalty resulting from fraud can be both a debt under § 523(a)(2) and § 523(a)(7) and the obligation is excepted from discharge in a Chapter 13 case. (Siler) Andrews v. Michigan Unemployment Insurance Agency, 891 F.3d 245 (6th Cir. May 29, 2018)

Case Summary

Two cases were consolidated for argument and decision, both of which dealt with the Michigan Unemployment Insurance Agency and Chapter 13 debtors.

Priscilla Andrews obtained unemployment . . .

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Small Business Reorganization Act…(“SBRA”) H.R. 3311 – Part Two

September 22, 2019

By Jan Hamilton, Chapter 13 Standing Trustee (Topeka, KS) I. The Plan1 A. Notions to Consider before the Plan is Filed… Time for Filing of the Plan. No later than 90 days after the filing of the case, the debtor is required to file a plan, unless the court extends the time if the “need is attributable to circumstances for...

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Preferences: When does the Clock Start Running?

Alan C. Hochheiser

February 19, 2023

Creditors may now be subject to more preference actions, especially for those cases filed in Indiana. The Seventh Circuit recently overturned long-standing precedent that the preference period on garnishment of attachment would no longer run from the date of service or knowledge of the attachment but when the funds were paid over. The Seventh Circuit Court of Appeals in Mark...

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Check Out the Dissent

Henry E. Hildebrand, III

May 11, 2025

Chapter 13 plan proposing to pay nondischargeable student loans under § 1325(b)(5) cannot be confirmed unless the plan proposes to devote all disposable income to the plan or all unsecured claims (including the student loans) are paid in full.

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Brace & Beyond: Joint Tenancy & Transmutation

November 8, 2020

By Cathy Moran, Esq., Moran Law Group (Redwood City, CA) For Californians, the CA Supreme Court’s decision in Brace this summer upended our understanding of joint tenancy and community property. For decades, we “knew” that a property couldn’t be . . . It looks like you are not signed in or registered! This content is only available to members. Join...

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Laudable, Shortsighted, and Vague: The CDC’s Eviction Moratorium

October 18, 2020

By Riley F. Tunnell, Esq., Godwin Bowman PC (Dallas, TX) The COVID-19 pandemic is not the product of a single cause. So, our remedial efforts must address a myriad of causes and rapidly developing effects. The CDC believes that delaying the onset of the mass-eviction to a time when we may be better able to manage this virus is a...

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NDC Small Sponsorship Program

The Academy

November 2, 2025

The National Data Center provides small sponsorships of up to $2,000 for educational consumer bankruptcy seminars, when approved pursuant to its guidelines and when funds are available.

Form 1099G – How to Fight Back Against Scams

February 21, 2021

By William J. Purdy III (Soquel, CA) Got an EDD tax form 1099 but no benefits? At this moment, POTENTIALLY hundreds of thousands of California taxpayers are enjoying the ghastly experience of receiving a Form 1099G courtesy of the California EDD for unemployment benefits the taxpayer never received. The problem is not confined to California; it’s so prevalent, the IRS...

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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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If You’re Gonna Bet the Farm, Maybe Play Against the House

Danielle N. Gueck-Townsend

January 30, 2022

Gambling is inherently risky, but that rings even more true when a bankruptcy is involved. Section 727(a)(5) allows for denial of discharge if “the debtor has failed to explain satisfactorily, …. any loss of assets or deficiency of assets to meet the debtor’s liabilities.” 11 U.S.C. §727(a)(5). Recently, Bankruptcy Judge Timothy A. Barnes in Chicago wrote an opinion in which...

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Section 302: Joint but Separate

Queneshia Fleming

September 24, 2023

“The ambiguity of § 302 raises the question:are jointly administered cases two separate estates? If jointly administered cases are two separate estates, are trustees doing it wrong?”

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Related Articles

Small Business Reorganization Act…(“SBRA”) H.R. 3311 – Part Two

Preferences: When does the Clock Start Running?

Check Out the Dissent

Brace & Beyond: Joint Tenancy & Transmutation

Laudable, Shortsighted, and Vague: The CDC’s Eviction Moratorium

NDC Small Sponsorship Program

Form 1099G – How to Fight Back Against Scams

Who Gets the Trustee’s Fee and When?

If You’re Gonna Bet the Farm, Maybe Play Against the House

Section 302: Joint but Separate

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