Engaging a Non-Profit to Solve the Chapter 13 Trustees PSLF Conundrum

By Ed Boltz, The Law Offices of John T. Orcutt, P.C. (Durham, NC) and Sarah Beth Withers, Inner Banks Legal Services (Washington, NC)

DISCLAIMER: This article is not meant to provide specific advice about the formation of a 501(c)(3) non-profit corporation or the tax or other consequences of such. At most, this is intended to encourage Chapter 13 trustees and their staff to investigate this option.

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From the Editor

March 24, 2019

By Wm. Houston Brown, United States Bankruptcy Judge (Retired) Discharge - Direct mortgage payments unpaid by debtor were not “provided for” in plan. The confirmed plan stated that the debtor would directly pay two home mortgages to the credit union, but there was no specification of payment terms or other treatment of those mortgages. At the time of confirmation, the...

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Memories of a Chapter XIII Trustee

November 10, 2019

By C. Kenneth Still, Standing Chapter 13 Trustee for the Eastern District of Tennessee, Retired (1968-2015) January 2, 1968, my first day as Trustee for the Eastern District of Tennessee, Southern and Winchester Divisions. I really didn’t know what I was doing or why I wanted the appointment. But there I was, duly appointed and ready to go but where...

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Critical Case Comment

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By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN) Are private educational student loans automatically excepted from discharge by § 523(a)(8). (Jacobs) Homaidan v. Sallie Mae, Inc., Navient Solutions, LLC, 2021 WL 2964217 (2nd Cir. July 15, 2021) Case Summary Hilal Homaidan received a number of educational loans to attend College. Shortly after graduation, he filed a Chapter...

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Critical Case Comment – Playing the System – Good or Bad Thing??

Henry E. Hildebrand, III

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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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By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN) Introduction The Bankruptcy Court for the District of Colorado ruled recently, in a case styled In re Ikalowych,1 that while eligibility for subchapter V of Chapter 112 requires that 50% of a debtor's debt must arise from commercial or business activities, the debtor was not required to be directly involved...

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Cathy Moran

June 30, 2024

“The client now claims that my words were a license to fail to disclose the gifts. Huh?”

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Critical Case Comment–The Not DSO POC

Henry E. Hildebrand, III

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Taxpayers Should Beware of Property Lien Scam

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With scam artists hard at work all year, taxpayers should watch for new versions of tax-related scams. One such scam involves fake property liens. It threatens taxpayers with a tax bill from a fictional government agency. Here are some details about the property lien scam that will help taxpayers recognize it: This scheme involves a letter threatening an IRS lien...

Diane Cipollone

The Academy

March 6, 2022

Diane Cipollone is an attorney and a qualified expert on mortgage servicing and loan origination matters. While Diane no longer provides expert testimony, she continues to consult with consumer attorneys; trains attorneys, court mediators, housing counselors and fair housing advocates on foreclosure prevention guidelines and federal mortgage regulations; and mentors pro bono attorneys and non-profit housing counselors. She has presented...

Chapter 13 Trustee Duties, Powers, And Limitations – Part 2

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