Eleventh Circuit Adopts the Path of Leased Resistance in Chapter 13

By Chris Hawkins, Bradley Arant Boult Cummings LLP (Birmingham, AL)

The United States Court of Appeals for the Eleventh Circuit recently issued an opinion that may have far-reaching procedural implications for debtors and trustees in Chapter 13 cases. In Microf LLC v. Cumbess, the court articulated multiple canons of statutory interpretation in holding that a chapter 13 debtor’s proposal to assume an unexpired lease of personal property in a chapter 13 plan – without a corresponding assumption by the chapter 13 trustee . . .

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Are 401(k) Contributions Disposable Income or Not?

Cathy Moran

May 21, 2023

For a system that is supposed to rehabilitate personal finances and set debtors back on their feet, Chapter 13 nationwide is schizophrenic about on- going retirement savings, divided about whether post petition contributions to retirement accounts preclude confirmation of a Chapter 13 plan. Too many courts, in my opinion, come down barring voluntary provisions for old age for the 5...

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Treasury, IRS Issue Final Regulations, Other Guidance on New Qualified Business Income Deduction; Safe Harbor Enables Many Rental Real Estate Owners to Claim Deduction

January 27, 2019

1/18/19 the Treasury Department and the IRS issued final regulations and three related pieces of guidance, implementing the new qualified business income (QBI) deduction (section 199A deduction). The new QBI deduction, created by the 2017 Tax Cuts and Jobs Act (TCJA) allows many owners of sole proprietorships, partnerships, S corporations, trusts, or estates to deduct up to 20 percent of...

Adjustment of Certain Dollar Amounts

The Academy

February 23, 2025

Changes will be applicable to bankruptcy cases filed on or after April 1, 2025. Click here for a PDF chart of all the changes.

Yet Another Reason Why the Means Test is “Broken”

Thomas D. DeCarlo

December 18, 2022

The Bankruptcy Code produces some difficult results. Sometimes those results pass difficult and extend into problematic. The Bankruptcy Court for the District of Idaho crossed well over difficult in In re Clifford, 2022 WL 16727279 (Bankr. D. Id. 2022). The question addressed in Clifford is one that comes up in every Chapter 13 case – how do we calculate “Current...

From the Editor – Claims

October 20, 2019

By The Honorable William Houston Brown (Retired) Objection sustained to one-year late proof of claim. The mortgage creditor did not object to confirmation nor file a proof of claim until one year after the bar date in the Chapter 13 case. The trustee objected to the claim, which asserted a higher arrearage than provided for in the confirmed plan. Section...

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Consumer Bankruptcy Reform Act of 2020 Introduced

December 13, 2020

By Hon. William Houston Brown, Adviser, Academy for Consumer Bankruptcy Education and Margaret A. Burks, Chapter 13 Trustee (Cincinnati, OH) Senator Elizabeth Warren (D. Mass.) and House Judiciary Committee Chairman Jerrold Nadler (D. N.Y.) have introduced the Consumer Bankruptcy Reform Act of 2020. Introduction of the Act is only the beginning of the legislative process, and no action toward enactment...

Recent Study of New Student Loan Discharge Process Shows Increase in Loan Litigation in Bankruptcy

Scott Waterman

February 2, 2025

While you may want to read all 44 pages, Trustee Waterman has done an excellent job of breaking it down.

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How Does an Idea Become a Federal Rule of Bankruptcy Procedure?

Hon. Rebecca B. Connelly

August 4, 2024

This week, Judge Connelly brings Academy subscribers a real treat. Got a rule change idea? Learn how you can help shape the process. Submit your suggestions and be part of the evolution of bankruptcy procedure!

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The Periphery of Bankruptcy Law: The Importance of Non-Bankruptcy Issues in Consumer Bankruptcy – A Study

Edward C. Boltz

February 23, 2025

This study by Professor Pamela Foohey defends the integration of consumer protection laws into bankruptcy courts but with at least one missing piece . . .

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