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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From the Editor – Lien Issues

September 15, 2019

By The Honorable William Houston Brown (Retired) Manufactured home did not become accession to real property. The creditor holding security interest in a manufactured home objected to confirmation, on the basis that § 1322(b)(2)’s anti-modification provision prevented bifurcation of its claim into secured and unsecured parts. The Eighth Circuit noted that the Bankruptcy Code does not resolve the issue of...

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No Gracie, LLCs May Not File Chapter 13

M. Jonathan Hayes

July 21, 2024

I did a little digging hoping to find out how in the world anyone could think that an LLC could file chapter 13. After all, chapter 13 can be filed only by an individual(s). Right? Or No??

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Critical Case Comment–The Not DSO POC

Henry E. Hildebrand, III

June 5, 2022

The bankruptcy rights of an ex-member of anunmarrieddomestic couple, now separated are not the same as those of an ex-spouse; the language of a domestic arbitration can clearly dictate if property is vested in the ex or is a simple money judgment. (Hamilton) In re Harshaw, 2022 WL 533701 (7th Cir. February 23, 2022) Case Summary Donald Harshaw was married...

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ABI Commission on Consumer Bankruptcy – Post-Petition Changes in Value

July 14, 2019

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN) One of the issues raised at the public hearings of the Commission concerned Chapter 7 trustees that would not take prompt action to abandon exempt or partially exempt assets but, would retain assets in the hope that there might be equity in the future to sell the asset for...

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Serendipity, a Tribute to Judge Jack B. Schmetterer

March 14, 2021

By Mark S. Wheeler, Staff Attorney to M.O. Marshall, Standing Chapter 13 Trustee (Chicago, IL) (Used with expressed permission. Published February 2021 in the Northern District of Illinois Bankruptcy Court Liaison Committee Newsletter.) Despite appearing before the Senior Bankruptcy Judge for the Northern District of Illinois perhaps hundreds of times over the last 29 years, I was uncharacteristically nervous to...

Don’t Bank on Withdrawal

Cathy Moran

June 23, 2024

What do you know about FRBP 7041? Maybe younever gave it much thought. Here, Atty Moran shares her encounter with the rule which ended up at the 9th Circuit. She concluded that the “Withdraw” event on ECF enabled a trap for the unwary counsel and court.

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Practice Pointers for Arguing Motions

December 6, 2020

By William Sawyer, Chief U.S. Bankruptcy Judge for the Middle District of Alabama (Montgomery) (Used with permission. Court News and Views, Volume 18, October 2020) Lawyers who practice regularly in bankruptcy court invariably make many appearances at motion dockets. This article provides practice pointers to lawyers who do not practice often in this Court to familiarize them with our procedures...

Retirement of the Honorable John E. Hoffman, Jr., Chief Judge

The Academy

February 18, 2024

Retirement of the Honorable John E. Hoffman, Jr., Chief Judge

How to Effectively Handle a Difficult Debtor

The NACTT Emeritus Trustees

June 9, 2024

This is a GREAT resource everyone should read! “Sometimes the trustee’s office must deal with a difficult debtor. . . . All trustees know — or should know — that skilled debtors’ lawyers are our best allies.”

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The “Snapshot” Rule – Part 1: The Circuits Begin to Line Up

March 14, 2021

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN) Exemptions are determined at the time the debtor files for bankruptcy. … This maxim is called the "snapshot" rule because the debtor's financial situation is frozen in time, as if someone had taken a snapshot of it.1 Recent Caselaw The First and Ninth Circuits On March 1, the Ninth Circuit...

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Related Articles

From the Editor – Lien Issues

No Gracie, LLCs May Not File Chapter 13

Critical Case Comment–The Not DSO POC

ABI Commission on Consumer Bankruptcy – Post-Petition Changes in Value

Serendipity, a Tribute to Judge Jack B. Schmetterer

Don’t Bank on Withdrawal

Practice Pointers for Arguing Motions

Retirement of the Honorable John E. Hoffman, Jr., Chief Judge

How to Effectively Handle a Difficult Debtor

The “Snapshot” Rule – Part 1: The Circuits Begin to Line Up

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