You may recognize the title of this article as being the chorus line from the John Fogerty song entitled, “Centerfield.” The song is about a baseball player ready to enter the game. We are at the mid-point of the Major League Baseball season. Coaches will be instructing and motivating their teams in hopes of winning games and eventually winning the...

By The Honorable William Houston Brown (Retired) Limitations period for actions under FDCPA. Construing the statute of limitations for actions against debt collectors under the Fair Debt Collection Practices Act (FDCPA), the Supreme Court held that “absent the application of an equitable doctrine, the statute of limitations in § 1692k(d) begins to run on the date on which the alleged...

In order to invoke remedies granted under the CARES Act, Chapter 13 debtor need not have been current on the date of enactment as long as the debtor satisfies the conditions in the CARES Act. (Grabill) In re Gilbert, 622 BR 859 (Bankr. E.D. La. Oct. 6, 2020) Case Summary Chapter 13 Trustee sought dismissal of a number of cases...

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of TN (Nashville) In awarding attorneys’ fees in a Chapter 13 case, a court is not limited to establishing the fee by use of the lodestar method; fees for services rendered should be based on the reasonable and customary fees charged by other attorneys performing the same...

By Dynele Schinker-Kuharich, Chapter 13 Standing Trustee (Canton, OH) On Thursday, September 16, 2021, the bankruptcy community lost a good friend and esteemed colleague, Robert S. Thomas II. In an effort to pay tribute to Robert, who was loved and respected by so many, The NACTT Academy is privileged to share comments, thoughts, and tributes made by Robert’s bankruptcy colleagues....

It is always troublesome when an individual bankruptcy petition is filed by power of attorney. It may be less of a concern in a chapter 7 case when the debtor is in the military, incarcerated, or temporarily disabled. More worrisome is the incompetent or advanced aged debtor who has been placed in a chapter 13 by someone holding a power...

Intro: What is a Fulton ruling? When Chicago v Fulton (In re Fulton), 141 S Ct. 585 (Sup Ct, 2021) was first decided by the Supreme Court, there was a consensus among bankruptcy attorneys that the erosion of the automatic stay with regard to turnover was only about cars. That is, Fulton was a narrow ruling that was only about...

By Karin N. Amyx, Staff Attorney to the Trustee Carl Davis (Wichita, KS) To me, the word “timeshare” conjures up images of a dark conference room at a resort hotel where unwitting tourists are being goaded into signing usury contracts in exchange for a free meal ticket at the buffet. But what is a timeshare? And how do you deal...

Jason Wilson-Aguilar was appointed as the Chapter 13 Standing Trustee for Western District of Washington, Seattle Division, effective on October 2, 2018. He replaces retiring K. Michael (Mike) Fitzgerald who served as the Standing Trustee for nearly twenty years. During the ten years prior to his appointment as Trustee, Jason was the Senior Staff Attorney and Legal Department Manager in...

These virtual 341 meetings via Zoom will be implemented on a rolling basis through early 2024.