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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Annulment of the Automatic Stay: A Concept Whose Time Has Come – And Gone

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By Academy Staff The Automatic Stay is one of the most fundamental aspects of the Bankruptcy Code, providing a Chapter 7 Trustee “breathing room” to investigate Debtor’s financial affairs; and providing Debtors in Chapter 13 time to formulate and confirm a Chapter 13 Plan without facing the imminent loss of assets. Equally important, most Courts have concluded that actions in...

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Introduction This series reviews developments in bankruptcy procedure during 2022. Amendments to 16 rules and new one new rule take effect December 1, 2022, absent Congressional action. Many reflect changes necessitated by the Small Business Reorganization Act of 2019 (SBRA),1 and have been in place in the same or similar form on an interim basis since that legislation took effect.

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Mary Ida Townson Appointed U.S. Trustee for Florida, Georgia, Puerto Rico and the U.S. Virgin Islands

Guy A. Van Baalen

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Attorney General Merrick B. Garland recently appointed Mary Ida Townson as the U.S. Trustee for Florida, Georgia, the Commonwealth of Puerto Rico and the U.S. Virgin Islands (Region 21). Ms. Townson assumed her duties in June and replaced Nancy Gargula, who is the U.S. Trustee in Region 10 and who had served as the interim U.S. Trustee in Region 21...

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The Academy

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Henry E. Hildebrand, III

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A 34-year-old Chapter 7 debtor could discharge his student loan obligation by establishing that he could not reasonably make payments on the balance, could not maintain a reasonable standard of living, and because the expiration of his payment term had already passed, his standard of living was likely to persist, with no realistic future prospects. (Silverstein) In re Wolfson, No....

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Judge Brian Lynch to Retire

Martha G. Bronitsky

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Say it isn’t so!!!!! The bankruptcy community bids farewell to Judge Brian Lynch, a devoted jurist leaving a lasting impact on Chapter 13. Known for his advocacy and leadership, Judge Lynch's retirement marks the departure of a stalwart champion of bankruptcy law reform and education, leaving behind a legacy of compassion, humor, and dedication to improving the system.

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Henry E. Hildebrand, III

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Chapter 13 debtor that repeatedly fails to maintain payments to the mortgage servicer directly as provided in the original plan and in all amendments is not acting in good faith and has misled the court as to feasibility of the plan justifying dismissal of the case.

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M. Jonathan Hayes

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Issue: Does the bankruptcy discharge terminate the right of a secured creditor to foreclose its lien on the debtor’s exempt homestead?

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Related Articles

Annulment of the Automatic Stay: A Concept Whose Time Has Come – And Gone

2022 Bankruptcy Procedure Year in Review: Revised Statute and Rules and Selected Cases – Part 3 Rules Related to SBRA (Continued)

Mary Ida Townson Appointed U.S. Trustee for Florida, Georgia, Puerto Rico and the U.S. Virgin Islands

Critical Case Comment – Relief from Stay, Check; But Better Act Fast

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Unconfirmed Thus Unconstrained

Critical Case Comment–“No Realistic Future Prospects”

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Critical Case Comment – Playing the System – Good or Bad Thing??

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