From the Other Side

By Craig Shopneck, Chapter 13 Standing Trustee for the Northern District of Ohio Retired

It was many months ago when Mike Joseph asked, if, as a retired trustee, would I be interested in writing an article for the NACTT Academy. This may seem like a rather straightforward task but before putting pen to paper I needed time to reflect not only on the past two years but also the several years prior to retirement. All in all, retirement has been a tremendous journey. My wife Bonnie and I live in New Zealand part of the year, explore the . . .

It looks like you are not signed in or registered! This content is only available to members.

Or sign in below:

No Author Biography has been linked to this Article.

How My Law Firm Learned to Stop Leaving Money on the Table Part 4 – Making Willful Stay Violations Pay Off

Mark C. Leffler

June 12, 2022

In this series of articles, I’ve described how my firm developed a litigation practice area to generate revenue that isn’t dependent on new bankruptcy cases. As debtor attorneys around the country wait for bankruptcy cases to return to pre-COVID levels, I hope these articles might inspire others to create income for themselves while obtaining valuable remedies for their clients. Today,...

Members

From the Editor – Lien Issues

September 15, 2019

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...

Members

To Conduit, Or Not To Conduit? That Is The Question. Or Less Shakespearean: “Conduit Mortgage Case Law”

The Honorable John P. Gustafson

January 15, 2023

Conduit vs. Direct Mortgage Payments – The Case Law To Consider1 The requirement that debtors pay their mortgage payments to their Chapter 13 Trustee as a “conduit” has advantages and disadvantages. One advantage is the fact that the Chapter 13 Trustee’s records are readily accepted by both the court and creditors in the event of a payment dispute. This advantage...

Members

From the Editor – Discharge Injunction

May 31, 2020

By The Honorable William Houston Brown (Retired) Application of Taggart to lien avoidance. When the Chapter 13 confirmed plan bifurcated the secured creditor’s claim and the secured portion had been paid in full with interest, the completion of payments voided any lien, and the creditor violated the discharge injunction by commencing foreclosure. The Panel found the plan’s language, although “inartful,”...

Members

Objections to Exemptions—An Exception From 30-day Rule?

The Honorable William Houston Brown

November 24, 2024

The Ninth Circuit's recently carved out a narrow exception to the 30-day objection deadline for exemptions under Rule 4003(b)(1).

Members

Chapter 13 Trustee Duties, Powers, and Limitations

October 4, 2020

By James J. Robinson, Chief United States Bankruptcy Judge, Northern District of Alabama Who appoints the standing chapter 13 trustee? The United States Trustee appoints the standing chapter 13 trustee for each judicial district where the UST system is in place, while the court appoints the standing chapter 13 trustee under the Bankruptcy Administrator program. See 11 U.S.C. § 1302...

Members

When the Bankruptcy Attorney Resembles the Client

Jen Lee

August 10, 2025

We tell clients delay is costly—then ignore that advice ourselves.

Members

Best Practices in Bankruptcy: Power of Attorney or Guardian

Michael B. Joseph

June 12, 2022

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...

Members

NEW SCAM ALERT . . . this one is going to attorneys

The Academy

November 10, 2024

NEW SCAM ALERT. . . this one is going to attorneys Electronic Filing Scam Targets Attorneys – NEW INFORMATION

From the Editor

March 17, 2019

By Wm. Houston Brown, United States Bankruptcy Judge (Retired) Confirmation - Trustee’s “double-dipping” objection to above-median confirmation denied. The trustee objected to confirmation based on above-median debtor deducting the IRS Local Standard housing deduction when the actual mortgage expense was on a marital residence owned by the debtor’s nonfiling spouse, while also claiming the marital adjustment for the spouse’s income...

Members

From the Other Side

Link to Post:

It looks like you are not signed in or registered! This content is only available to members.

Or sign in below:

Related Articles

How My Law Firm Learned to Stop Leaving Money on the Table Part 4 – Making Willful Stay Violations Pay Off

From the Editor – Lien Issues

To Conduit, Or Not To Conduit? That Is The Question. Or Less Shakespearean: “Conduit Mortgage Case Law”

From the Editor – Discharge Injunction

Objections to Exemptions—An Exception From 30-day Rule?

Chapter 13 Trustee Duties, Powers, and Limitations

When the Bankruptcy Attorney Resembles the Client

Best Practices in Bankruptcy: Power of Attorney or Guardian

NEW SCAM ALERT . . . this one is going to attorneys

From the Editor

Academy

Members

Website

Legal

Looking to Become a Member?

Webinars

Member Articles

Industry News

To get started, please let us know which of these best fits your current position: