From the Editor – Claims • NACTT Academy

From the Editor – Claims

By The Honorable William Houston Brown (Retired)

Recordation of divorce judgment created secured claim. In Chapter 13 case, the debtor objected to former spouse’s secured claim, with pre-bankruptcy divorce judgment awarding former marital home to the husband but ordering equalization payments to the wife. No security was mentioned in the judgment, but its recordation created a lien under Wisconsin law. Although the lien was subject to prior liens, the former spouse had partially secured claim. In re Thompson, _________B.R._________, 2020 WL 632664 (Bankr. E.D. Wisc. Feb. 7, 2020).

____________________________ . . .

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.

Undervalued and Overworked? It’s Time to Fix Your Bankruptcy Firm’s Finances

Jen Lee

February 9, 2025

“Bankruptcy attorneys often operate from a mindset of scarcity. . . . They undercharge, give away their time, and scrimp on resources, running their practices like they’re always one bad month away from shutting down.”

Members

Reaffirmations Impose Impossible Demands on Bankruptcy Counsel

February 28, 2021

By Cathy Moran, Esq. (Redwood City, CA) When BAPCA gutted the ipso facto clause, reaffirmation was left as the only way a debtor could be assured of retaining his wheels. Car lenders took sides back then, then changed sides, on whether they would automatically repossess a vehicle when the debt was not reaffirmed. Some wanted the in terrorem effect of...

Members

Phil Lamos – Humble Sage

June 27, 2021

By Academy Staff Phil was a quiet, humble man. He loved his family, loved the law, and loved to serve others. Philip D. Lamos, age 53 of Painesville Township, passed away suddenly on June 11, 2021. He was a hometown boy who loved his family, especially his son Matthew and daughter Emily. Phil was a graduate of John Carroll University...

Critical Case Comment

September 20, 2020

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville) A Non-Governmental Private Student Loan Obligation is not always excepted from discharge by § 523(a)(8). (Holmes) McDaniel v. Navient Solutions, LLC, 2020 WL 5104560 (August 31, 2020) Case Summary Bryon and Laura McDaniel filed a Chapter 13 petition in 2009. They acknowledged that, among...

Members

4 Reasons to Keep Time Records No One Discusses

Cathy Moran

July 17, 2022

Mention keeping time records to a bankruptcy lawyer and you’re likely met with expressions of utter revulsion. All too many assert that the major appeal of being a bankruptcy lawyer is precisely that they don’t have to keep time. Between flat fee deals with clients, and no look fees in Chapter 13, they feel liberated from the clock and the...

Members

From the Supreme Court – Miller v. US

The Honorable William Houston Brown

December 8, 2024

In bankruptcy cases, creditors are usually required to return payments made shortly before the debtor's filing. On Monday, in United States v. Miller, the justices considered whether this rule also applies to the IRS.

Members

Critical Case Comment – Relief from Stay, Check; But Better Act Fast

Henry E. Hildebrand, III

August 27, 2023

A creditor having received relief from the automatic stay prior to confirmation of the debtor’s plan is nonetheless bound by the terms of the plan, once confirmed.

Members

Reconversion to Chapter 13 – Betwixt and Between?

Michael B. Joseph

December 29, 2024

From January: “Is it possible to voluntarily convert a chapter 13 case to chapter 7, and later reconvert back to chapter 13? There is a split of authority on whether this maneuver is allowed.”

Members

The Bankruptcy Moot Court Experience – Duberstein 2019

August 25, 2019

By Cameron Kelly & Michael Carroll, Law Students, The University of Texas School of Law I. Starting the Journey Instead of starting class by cold-calling people, Professor Westbrook chose to suspend my terror briefly. While I was thankful for the reprieve from what would inevitably be a disappointing cold call, I was more thankful for what he had to say....

What Constitutes Property of the Estate in Chapter 13, and What are the Consequences of Failing to Amend the Schedules?

Landon L. McCall

June 23, 2024

Section 541 of the Bankruptcy Code is very broad in its definition of “property of the estate” . . .

Members