Thoughts on the Law: Stay at the Crossroads – The Code of the Wild, Wild West?

By The Honorable John P. Gustafson, United States Bankruptcy Judge, Northern District of Ohio (Toledo)

There are two legal battles going on that may end up being dysfunctionally related….

1. What Happens If The Automatic Stay Is Not Extended In A “Second Case Pending Within One Year”?

A split of authority has been percolating since 2005, involving the all too common case, where a debtor with a second bankruptcy case pending within one year has failed to seek an extension of the automatic stay within the 30-day statutory time period. The issue that divides the . . .

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Plan Modifications and Below Median Debtors

Michael B. Joseph

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When a below median debtor’s plan is based on best interest of creditor’s test, will future increase in income expose the debtor to a motion to modify to capture increase?

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“Remember when humans used to write their own content? Yeah, me neither. Now we're stuck reading emails, posts, and articles clearly pumped straight out of ChatGPT with zero editing…and horrible formatting.”

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Judicial Year in Review 2021: Part 4 Selected Cases under Parts VIII and IX of the Federal Rules of Bankruptcy Procedure

Lawrence R. Ahern, III

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Introduction Following Part 1's review of the December 1, 2021 changes in the Federal Rules of Bankruptcy Procedure, Part 2 and

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Overruled: The Human Toll of Too Much Law – A Book Review

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“What, he [Gorsuch] explains, jumped out at me is that not only are there too many laws and administrative rules, but there are too many laws and rules created by agencies -- by individuals not chosen by we the people, and often in the far-away land we call Washington.”

Preference Law Meets the Original Ponzi

M. Jonathan Hayes

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Are pre-petition refunds to investors made by a person operating a Ponzi scheme avoidable as preferences? Yes, says the Supreme Court.

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For You, What Is the Best Part About Retirement

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We were curious about what our NACTT Emeritus Trustees have been doing in retirement. How have they been spending their time since making the decision to retire and moving on from the daily challenges as a Chapter 13 Trustee. Here are their replies to our inquiry:

Senate Judiciary Committee Hearing on Student Loans and Act Introduced by Senators Durbin and Cornyn

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by William Houston Brown, Adviser, Academy for Consumer Bankruptcy Education, Inc. The Senate Judiciary Committee held a hearing on August 3, 2021, on student loans, and during the Committee hearing, Senator Durbin, Chair of the Committee, stated that he would be introducing an Act to amend student loan discharge provisions in the Bankruptcy Code. That Act was subsequently introduced by...

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Judge to Retire

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The Honorable Robert E. Grossman of the Eastern District of New York has announced his retirement effective June 1 of next year.

2022 Bankruptcy Procedure Year in Review: Revised Statute and Rules and Selected Cases Part 9 More from the Supreme Court: MOAC Mall Holdings LLC v. Transform Holdco LLC

Lawrence R. Ahern, III

May 14, 2023

Introduction This series reviews developments in bankruptcy procedure during the past year.One new rule and amendments to 16 rules took effect December 1, 2022. Many reflected changes necessitated by the Small Business Reorganization Act of 2019 (SBRA), and had been in place in the same or similar form on an interim basis since that legislation took effect.

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The Unintended Filing Bar – Don’t Ignore MFR on Surrendered Property

Molly Simons

June 26, 2022

Consider if you will that your client has just filed a Chapter 13 Bankruptcy. They have intelligently chosen to surrender a luxury item - a boat or 4-wheeler or even that extra vehicle they don’t need. Because the creditor would like to preserve the value of the collateral by obtaining possession quickly, they file a Motion for Relief shortly after...

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Thoughts on the Law: Stay at the Crossroads – The Code of the Wild, Wild West?

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Related Articles

Plan Modifications and Below Median Debtors

Is That AI in Your Inbox or Are You Just Happy to Paste Me?

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