From the Editor

From the Editor – Lien Issues

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 whether a manufactured home is real or personal property, and the Court looked to Iowa common law for when personal property may become a fixture. The intention of the party making the annexation . . .

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Treasury, IRS Issue Final Regulations, Other Guidance on New Qualified Business Income Deduction; Safe Harbor Enables Many Rental Real Estate Owners to Claim Deduction

January 27, 2019

1/18/19 the Treasury Department and the IRS issued final regulations and three related pieces of guidance, implementing the new qualified business income (QBI) deduction (section 199A deduction). The new QBI deduction, created by the 2017 Tax Cuts and Jobs Act (TCJA) allows many owners of sole proprietorships, partnerships, S corporations, trusts, or estates to deduct up to 20 percent of...

How to Manage Unprofessional and Discourteous Attorneys

The NACTT Emeritus Trustees

December 4, 2022

Many have had the unpleasant experience of coping with an ill-mannered and disrespectful opposing counsel. Unnecessary motions are filed and unfounded allegations are asserted. Relief requested has no basis in fact or law. Temperatures rise. The volume of argument is loud. Your staff and you are upset. What to do?We asked the Emeritus Trustees and here are some recommendations: First,...

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Per Capita Bankruptcy Filings Heat Map

November 24, 2019

____________________________ Prior to his appointment as a bankruptcy judge for the District of Utah in September of 2015, Judge Anderson served for seventeen years as the Standing Chapter 13 Trustee for the District of Utah. During this time, he administered over 70,000 Chapter 13 cases. Judge Anderson was elected president of the National Association of Chapter 13 Trustees (NACTT), and...

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CFPB Releases Report on Debt Settlements and Credit Counseling

July 12, 2020

July 10, 2020, the CFPB released a report examining recent trends in debt settlement and credit counseling. Many Americans struggle with their debts, especially during times of crisis. Today’s report documents changes over time in how consumers have used these debt relief options for unsecured debt. Using the Bureau’s Consumer Credit Panel (CCP), a nationally representative sample of approximately five...

Of Tax Refunds, Exemptions, Setoffs, and Roman Gods

April 18, 2021

By Herbert L. Beskin, Chapter 13 Standing Trustee for the Western District of Virginia (Charlottesville) If you’re looking for a well-written and clear appellate opinion about a much-litigated topic, with a bit of ancient mythology thrown in for good measure, this HUD’s for you. The case is Wood v. U.S. Dept. of Housing & Urban Development (In re Larry and...

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NCLC Seeks Signers Urging Foreclosure Pause When HAF Applied For

The Academy

January 16, 2022

NCLC seeking non-profit organizations to sign two letters (one to the CFPB and one to FHFA, FHA, VA, and USDA) urging the agencies to require servicers to pause foreclosure activity for at least 60 days after being notified that a borrower has applied for HAF assistance and meets conditional program eligibility. We ask organizations to sign both letters, and the...

Creditors’ Rights and Debtors’ Protections at the Intersection of Consumer Bankruptcy and UCC Article 9

January 17, 2021

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN) PART VII – CONSUMER CREDITORS' PENALTIES FOR VIOLATIONS OF FORECLOSURE AND OTHER ARTICLE 9 RULES Introduction In this space, we have looked at numerous topics involving the operation of Article 9 of the Uniform Commercial Code (UCC) in bankruptcy; in the current series, we are reviewing Article 9's important rules...

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March 31, 2019

By Wm. Houston Brown, United States Bankruptcy Judge (Retired) Debtor’s Attorney - Chapter 13 debtors not required to seek approval to employ special counsel. The Chapter 13 debtors moved to employ special counsel for representation in state-court litigation, but § 327(e) did not apply to Chapter 13 debtors when no request was being made to pay the special counsel from...

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Critical Case Comment

February 24, 2019

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville) It was impermissible and contrary to the provisions of the Bankruptcy Code for the bankruptcy clerk to enter an order which dismissed a Chapter 13 case based only upon the trustee’s certification that the debtor did not make a timely first payment. (Duncan). No...

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Bankruptcy Protections Limited for Repeat Filers

January 13, 2019

By William H. Brown, Academy Editor & Advisor The First Circuit held that under § 362(c)(3)(A), upon the repeat filing by Chapter 7, 11 or 13 debtors within one year of dismissal of a prior pending case, the automatic stay terminates entirely on the 30th day after filing of the subsequent case as to the debtor, property of the debtor...

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From the Editor – Lien Issues

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Related Articles

Treasury, IRS Issue Final Regulations, Other Guidance on New Qualified Business Income Deduction; Safe Harbor Enables Many Rental Real Estate Owners to Claim Deduction

How to Manage Unprofessional and Discourteous Attorneys

Per Capita Bankruptcy Filings Heat Map

CFPB Releases Report on Debt Settlements and Credit Counseling

Of Tax Refunds, Exemptions, Setoffs, and Roman Gods

NCLC Seeks Signers Urging Foreclosure Pause When HAF Applied For

Creditors’ Rights and Debtors’ Protections at the Intersection of Consumer Bankruptcy and UCC Article 9

From the Editor

Critical Case Comment

Bankruptcy Protections Limited for Repeat Filers

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