Teaching Old Dogs New Tricks: New Ideas for Treatment of Student Loans in Bankruptcy

By Robert B. Branson and Tammy Branson, Branson Law PLLC (Orlando, FL)

Congress’ goal of bankruptcy is for the honest debtor to get a fresh start. Since most federally guaranteed student loans are nondischargeable, the current outcome is a “false start” instead of a fresh start.

Resolving a $1.5 trillion student loan crisis is problematic in that the caselaw was developed during a period when the statutory regime allowed for discharge after five and later seven years. Litigation on student loan dischargeability has not been a . . .

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Honoring Black History Month

The Academy

February 18, 2024

Judge Raymond Lohier (Second Circuit U.S. Court of Appeals) Shares His Immigration Story and the Diverse Perspective it Brings

Diaz: Is it Really a Tax Refund?

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By Cathy Moran, Esq., Moran Law Group (Redwood City, CA) On its face, Diaz (Diaz v. Viegelahn, No. 19-50982 (5th Cir. Aug. 26, 2020)) is a pretty straightforward decision that struck down a local form plan as violating a below-median income debtor's right to use her tax refund to finance necessary expenses for maintenance and support. On a deeper level,...

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Procedural Enlargement of Claims Bar Date

Jitwan K. Floyd

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Rule 3002 outlines requirements and offers remedies for untimely claims, giving bankruptcy judges discretion to grant relief. However, creditors should view these exceptions as corrective measures rather than substantial rights.

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Kellner Retires

September 29, 2019

By Academy Staff Jeffrey M. Kellner graduated from THE Ohio State University in 1975. Between then and entering law school, Jeff worked in Montana for the park service. He graduated from Capital University College of Law in 1985. After law school, he worked for two years as a law clerk for Judge Calhoun in Columbus, OH. He then went to...

New Payment Option Available to Taxpayers in Private Debt Collection Program

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IRS officials announced on 10/8/19 that a new payment option has been added to the private debt collection program to make it easier for those who owe to pay their tax debts. Taxpayers now can choose the convenient option of a preauthorized direct debit to make one payment or a series of payments toward their federal tax debt. With direct...

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Getting to Know Bankruptcy Through a Different Lense: My Experience as an Intern for a Chapter 13 Trustee

Tarynn Grundy

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“. . . , seeing the staff, debtor, and creditor attorneys in litigation was captivating. I was able to witness a few attorneys zealously advocate for their clients.”

How to Present an Effective Summary Judgment Motion

August 23, 2020

By Hon. Erik P. Kimball, United States Bankruptcy Court for the Southern District of Florida (Used with permission - Originally Published by the Courthouse Beacon, United States Bankruptcy Court for the Southern District of Florida August, 2020) Summary Judgment Applies In Contested Matters Bankruptcy Rule 7056 incorporates all of Federal Rule 56 for purposes of adversary proceedings, adjusting only the...

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Justifying Reasonable Document Requests

November 7, 2021

By Sean G. O'Hair, Staff Attorney to Chapter 13 Standing Trustee Nancy Curry (Los Angeles, CA) Recent changes to the Handbook for Chapter 13 Standing Trustees promise to bring renewed scrutinyto the reasonableness of document requests by a chapter 13 trustee for documents that are not otherwise required to be provided by law.1 The basic idea appears to be that...

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Critical Case Comment – How Many Cats?

Henry E. Hildebrand, III

August 7, 2022

Even though the Chapter 13 debtor’s 36 cats were property of the estate, the county animal control office could pursue possession of the cats and resulting disposition (by way of adoption). (Hagenau) In re Karen Mitchell-Smith, 2022 WL 2195466 (Bankr. N.D. Ga. June 17, 2022) Case Summary Sometime in 2021, Henry County Animal Control took possession of 36 cats that...

How My Law Firm Learned to Stop Leaving Money on the Table Part 1 – Looking at Bankruptcy Cases Differently

Mark C. Leffler

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Mark Leffler, of the Boleman Law Firm in Virginia and also the current President of the Academy for Consumer Bankruptcy Education, begins a series of articles describing his firm’s development of a broader practice on behalf of consumer debtors. Look for subsequent parts of this series over the next few weeks. My fellow self-described consumer bankruptcy lawyers: you wield more...

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