From the Editor

From the Editor – Dismissal

By The Honorable William Houston Brown (Retired)

Dismissal with 180-day bar affirmed. The debtors had filed eight Chapter 13 cases over eight years, with each dismissed, and in 2019 the spouses filed three more cases. A mortgage creditor moved for relief from the automatic stay and dismissal in each of the cases. The cases were dismissed with a 180-day bar to refiling, because the purpose in these filings was to stop foreclosure, and the dismissals were not abuses of discretion. In re Steiner, __________B.R.__________, 2020 WL 1327211 (B.A.P. 8th Cir . . .

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Supreme Court Corner: Does Equitable Estoppel Apply in a Fraudulent Conveyance Action?

M. Jonathan Hayes

July 7, 2024

Bailey v. Glover 1874 - When the trustee is required to bring an action to avoid a fraudulent conveyance within two years of the bankruptcy filing, does the active concealment of the transfer by the debtor and the transferees toll the running of the two-year statute of limitations to bring the action?

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Karen Jolley

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“Several recent bankruptcy cases have considered the circumstances under which funds held in, derived from, or contributed to a retirement account may be exempt from the bankruptcy estate.”

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March 31, 2019

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The Proposed Consumer Bankruptcy Reform Act: A Political Analysis

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By Kevin M. Ball, Eastern Michigan University Senator Warren and Representative Nadler introduced identical legislation entitled the Consumer Bankruptcy Report Act (“CBRA”) late in the 116th Congress. Although the bills died without action at the conclusion of that term, the sponsors have indicated their intent to reintroduce them in the 117th Congress. The legislation would bring major changes to the...

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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

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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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National Guard and Reservists Debt Relief Extension Act of 2023

The Academy

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The National Guard and Reservists Debt Relief Extension Act of 2023 (H.R. 3315) enacted on December 19, 2023 extends for an additional four years the existing exemption from the means test for qualifying reservists and National Guard debtors who are called to active duty or to perform a homeland defense activity for not less than 90 days. See 11 U.S.C. § 707(b)(2)(D)(i). A debtor...

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Tammy Branson, Robert B. Branson

May 12, 2024

The 2022 Justice Department and Department of Education collaboration introduced new bankruptcy guidelines, notably easing the "undue hardship" exception for discharging student loans, marking a departure from the stringent "Brunner Test" requirements. Here the Bransons give us a look at the progress being made in discharging student loans.

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From the Other Side

January 19, 2020

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...

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Brace & Beyond: Joint Tenancy & Transmutation

November 8, 2020

By Cathy Moran, Esq., Moran Law Group (Redwood City, CA) For Californians, the CA Supreme Court’s decision in Brace this summer upended our understanding of joint tenancy and community property. For decades, we “knew” that a property couldn’t be . . . It looks like you are not signed in or registered! This content is only available to members. Join...

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From the Editor – Dismissal

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Related Articles

Supreme Court Corner: Does Equitable Estoppel Apply in a Fraudulent Conveyance Action?

Recent Cases Navigate Retirement Account Exemptions

From the Editor

The Proposed Consumer Bankruptcy Reform Act: A Political Analysis

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

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From the Other Side

Brace & Beyond: Joint Tenancy & Transmutation

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