What to Do with the Dreaded Timeshare?

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 with them in bankruptcy? Is it an executory contract? A secured debt? What do you own and how do you keep it . . . or get rid of it?

A timeshare is a vacation property arrangement that lets the owner . . .

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From the Editor – Claims

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By The Honorable William Houston Brown (Retired) Failure to include creditor on matrix not grounds to extend time for proof of claim. The Chapter 13 debtor had timely filed her list of creditors, pursuant to Rule 1007(a), but she failed to include a creditor either on that list or in the schedules, resulting in the creditor not receiving notice of...

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NACTT 2024 Annual Roundtable

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NACTT 2024 Annual Roundtable In July as part of the NACTT Annual Seminar, The Honorable Keith London, United States Bankruptcy Judge for the Middle District of Tennessee (retired), lead a discussion by experts in the field on AI and access to justice. This panel is an all-star cast and the video is free to all!!

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“The problem in the past for student loan borrowers in bankruptcy has been that hardship discharge litigation has been complex, expensive and arbitrary. . . . The new guidance has simplified the process.”

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Larry Ahern this week concludes a two-part examination of whether a Chapter 13 trustee may retain fees paid without a confirmed plan before dismissal. Part 1 analyzed McCallister v. Evans, a recent case accepting the trustee's position considering a division in the caselaw and analyzing relevant statutes. In this Part 2, he turns to the debtor's case, which has substantial...

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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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Appointment of Deb Miller

The Academy

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It is our distinct honor to inform you that Acting U.S. Trustee Paul Randolph has selected Debra L. Miller as the next Standing Chapter 13 Trustee for the Eastern District of Tennessee (Northern and Northeastern Divisions). Ms. Miller has served as a Standing Chapter 13 Trustee in the Northern District of Indiana since 2000. Her wealth of experience will allow...

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