From the Editor

By Wm. Houston Brown, United States Bankruptcy Judge (Retired)

Discharge in Chapter 13

Direct payments on mortgage were payments under the plan. The confirmed plan provided for payments to the trustee to cure arrearage, while the debtors were to make direct payment on the ongoing mortgage, but the debtors defaulted on those direct payments. Discharge had been entered after the trustee filed notice of cure of arrearage, but the trustee subsequently filed a complaint to revoke discharge. The court did not revoke the discharge, because the trustee had been advised . . .

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Critical Case Comment – Fair Discrimination: A Win/Win

Henry E. Hildebrand, III

December 11, 2022

A Chapter 13 plan can be confirmed to pay a 100% dividend to unsecured creditors while maintaining payments to a student loan creditor as a long-term debt (which will not satisfy the student loan in the commitment period) without committing all available disposable income. (Mullin) In re Victoria Florita Durand-Day, 2022 WL 14938726 (Bankr. N.D. Tex. October 26, 2022) Case...

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CFPB Settles with Student CU Connect CUSO Over ITT Private Loan Program

June 16, 2019

On 6/14/19, the CFPB (Bureau) announced a settlement with Student CU Connect CUSO, LLC (CUSO), a company set up to hold and manage private loans for students at ITT Technical Institute. The Bureau filed a complaint and a proposed stipulated judgment in federal district court for the Southern District of Indiana alleging that CUSO provided substantial assistance to ITT Educational...

U.S. Trustee Program to Implement Virtual Section 341 Meetings of Creditors Nationwide

The Academy

September 10, 2023

These virtual 341 meetings via Zoom will be implemented on a rolling basis through early 2024. YEP, this means you, y’all, all y’all, you guys, and yoos guys. Doesn’t matter if you have been doing 341’s via telephone for 100 years . . . it’s ZOOM as soon as implemented in your district. For Debtor Atty’s, this may require having clients...

Postpetition Borrowing by a Consumer Debtor in Chapter 13 – Part 1 of 2

May 5, 2019

By Judge Michael A. Fagone & Career Law Clerk Ciera S. Dye Although our Nation’s bankruptcy laws are uniform, chapter 13 practice in our Nation’s bankruptcy courts varies to a significant extent in the different judicial districts. One example of this variation is the treatment of postpetition borrowing by a consumer debtor in chapter 13.i Neither the Bankruptcy Code nor...

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Meet Another New Trustee

March 8, 2020

Rebecca A. (Becky) Herr was appointed Chapter 13 Standing Trustee for the District of Maryland on October 1, 2019 and maintains her offices in Annapolis. Ms. Herr’s appointment came on the heels of the retirement of Chapter 13 Standing Trustee Nancy Spencer-Grigsby. But Herr is no stranger to NACTT, The Academy, and the Chapter 13 Trustee community. So, let’s start...

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Home Equity Conversion Mortgages – Reversal of Fortune

Michael B. Joseph

March 30, 2025

Reverse mortgages, while providing liquidity to senior homeowners, come with high costs and unique challenges, particularly in Chapter 13, where both borrower and non-borrower debtors must navigate complex repayment issues.

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BIG NEWS

The Academy

September 28, 2025

The Academy and NACTT are pleased to announce the dates for the 61st Annual Conference in New York City on WEDNESDAY thru FRIDAY, July 8-10.

Two Final Observations about the SBRA – Part IX

February 23, 2020

By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN) Introduction This series has focused on the four bankruptcy-related bills that were enacted during the 116th Congress and signed into law on August 23, 2019. One bill, the Small Business Reorganization Act of 2019 (SBRA), became effective February 19, 2020. It appears in its entirety in Appendix B to this...

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ABI Commission on Consumer Bankruptcy – Definition of “Tax Return” for Purposes of Nondischargeability

June 2, 2019

By Henry E. Hildebrand, III and Sloan Hastings Section 523(a)(1) excepts from discharge taxes that are priority claims under § 507(a)(8). One of § 507(a)(8)’s provisions makes debts not dischargeable for income taxes requiring the filing of a tax return due during the three years prior to filing bankruptcy. It is this “recent years taxes nondischargeable” moniker that leads many...

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It’s Not the Trustee… It’s the Code – CORRECTION

Ana V. De Villiers

November 23, 2025

This is a very popular item from last week. HOWEVER, we accidentally reported a typo in the very last section. The correct Code Section is 521 (not 330). This has now been corrected on the website. If you printed this article for future reference, please re-print or make this correction.

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Related Articles

Critical Case Comment – Fair Discrimination: A Win/Win

CFPB Settles with Student CU Connect CUSO Over ITT Private Loan Program

U.S. Trustee Program to Implement Virtual Section 341 Meetings of Creditors Nationwide

Postpetition Borrowing by a Consumer Debtor in Chapter 13 – Part 1 of 2

Meet Another New Trustee

Home Equity Conversion Mortgages – Reversal of Fortune

BIG NEWS

Two Final Observations about the SBRA – Part IX

ABI Commission on Consumer Bankruptcy – Definition of “Tax Return” for Purposes of Nondischargeability

It’s Not the Trustee… It’s the Code – CORRECTION

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