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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WE LOVE AND WILL MISS YOU, HELEN

Elizabeth Vaughan

July 31, 2022

Helen Morris, the Standing Chapter 13 and 12 Trustee for West Virginia is retiring at the end of this fiscal year. I first met Helen over lunch at NACTT, where we chatted about a non-legal interest we both share, writing fiction. I was delighted to discover, then as now, a friend with a razor wit, a wicked sense of humor...

Why Chapter 13 Is a Good Idea: Outcomes and Measures of Success

The NACTT Emeritus Trustees

September 17, 2023

Recently Upsolve printed an article titled: “Why is Chapter 13 Probably A Bad Idea” by Jonathan Petts, July 27, 2023. In a nutshell the article says an unsuccessful Chapter 13 can leave you in worse financial shape. Further it states that it costs more than Chapter 7 and is less likely to be successful. Additional points by Upsolve are: Chapter...

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Chapter 13 Trustee Duties, Powers, And Limitations – Part 4

October 25, 2020

By James J. Robinson, Chief United States Bankruptcy Judge, Northern District of Alabama Exactly whose interests does the trustee represent, and when should the trustee object or move to modify? Hope v. Acorn Financial, Inc., 731 F.3d 1189 (11th Cir. 2013). The Eleventh Circuit held that a chapter 13 trustee who was aware of defects with a secured claim before...

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The First Thing a Chapter 13 Debtor’s Attorney Should Know About the Small Business Reorganization Act of 2019

October 13, 2019

By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN) Click here for Part I, Introduction to the 2019 Legislation Click here for Part II, Five Things a Trustee Should Know About SBRA Part III The Small Business Reorganization Act of 2019 (SBRA)1 is of interest to attorneys whose clients in troubled . . . It looks like you are...

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How I Got Started

George Stevenson

May 8, 2022

My life in 1982 was in a bit of turmoil. I had recently gotten married and was working as in-house counsel for a regional furniture retailer. My position included a lot of collection work – beating up on debtors in state and bankruptcy courts. I was not unhappy but I was not comfortable with my work – it was clear...

Unscheduled Creditor May Not File a Late Proof of Claim

July 14, 2019

By Beverly M. Burden, Standing Chapter 13 Trustee (Lexington, KY) An unscheduled creditor without notice of the bankruptcy case was denied an extension of time to file a proof of claim pursuant to Bankruptcy Rule 3002(c)(6)(A) in a recent opinion from the Eastern District of Kentucky. In the case of In re Fryman,1 the debtor did not include creditor Kentucky...

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The Weak Link in the Means Test

Cathy Moran

August 27, 2023

The bankruptcy means test, designed to keep people out of bankruptcy, has a fatal weakness. . . . it’s health care.

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September 20, 2020

By The Honorable William Houston Brown (Retired) Chapter 13 debtors’ FDCPA claim was not “related to” bankruptcy case. After reopening closed case, the debtors filed adversary complaint against mortgage holders and servicers, alleging various claims for violation of discharge injunction, automatic stay and FDCPA. The complaint plausibly pleaded elements required for §§ 362(k) and 524(i), but the claims under FDCPA...

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Chapter 13 No-Look Fees – Additional Thoughts

The NACTT Emeritus Trustees

January 7, 2024

As a follow-up to The Academy’s December 3, 2023, issue, three Emeritus Trustees weighed in. The 12/3/23 issue included Cathy Moran’s Chapter 13 NoLook Fees: The Horns of a Dilemma and Trustee Hildebrand’s Critical Case Comment, You Gotta Fix Your Own Screw-ups, On Your Own Dime. You may also want to take note of comments on each article and add your own. Today, we offer the thoughts of two additional Emeritus Trustees. Thus a follow-up to our follow-up. 😊

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Three Last Things Trustees Should Know About the Small Business Reorganization Act of 2019 – Part V

November 17, 2019

By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN) Introduction This series focuses on four bankruptcy-related bills that were enacted during the 116th Congress and signed into law on August 23, 2019.1 One bill, the Small Business Reorganization Act of 2019 (SBRA),2 appears in its entirety in Appendix B to this series and was summarized in

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From the Editor – Lien Issues

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Related Articles

WE LOVE AND WILL MISS YOU, HELEN

Why Chapter 13 Is a Good Idea: Outcomes and Measures of Success

Chapter 13 Trustee Duties, Powers, And Limitations – Part 4

The First Thing a Chapter 13 Debtor’s Attorney Should Know About the Small Business Reorganization Act of 2019

How I Got Started

Unscheduled Creditor May Not File a Late Proof of Claim

The Weak Link in the Means Test

From the Editor

Chapter 13 No-Look Fees – Additional Thoughts

Three Last Things Trustees Should Know About the Small Business Reorganization Act of 2019 – Part V

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