Creditors' Rights and Debtors' Protections at the Intersection of Consumer Bankruptcy and UCC Article 9 • NACTT Academy

Creditors’ Rights and Debtors’ Protections at the Intersection of Consumer Bankruptcy and UCC Article 9

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN)

PART VI – CONSUMER FORECLOSURE PROCEDURES (CONCLUSION)

Introduction

In the consumer bankruptcy field, trustees and debtors' counsel often are uncomfortable with the rules in Article 9 of the Uniform Commercial Code (UCC). In this series for the NACTT Academy, we have looked at numerous topics involving the interplay of Article 9 and the Bankruptcy Code. In this series, we began reviewing Article 9's important rules related to consumer transactions.

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.

District of New Jersey

The Academy

December 15, 2024

Appointment of Mark E. Hall as Bankruptcy Judge Click here for background

Revved Up and Ready to Go But Not Good Faith

Henry E. Hildebrand, III

August 4, 2024

Just because a Chapter 13 plan satisfies the disposable income test does not mean it passes the good faith test particularly if luxury items are involved.

Members

How Forensic Accountants Add Value While Investigate Claims & Fraud – A Study

Edward C. Boltz

October 27, 2024

This study looks at forensic “accounting as a new generation tool that has adopted modern technology to detect financial fraud.” See Attorney Boltz’ comments on the use of forensic accounting in Chapter 13 cases.

When Wishes Come True

September 19, 2021

By Helen M. Morris, Chapter 13 Standing Trustee for the Northern and Southern Districts of West Virginia Like most trustees, my case load is down, and I’ve been actively encouraging new filings. Perhaps too enthusiastically as certain new cases reflect. A bankruptcy filer who has been dormant for months filed a new case recently. Schedule A is clearly marked with...

Members

No Answers?

Cathy Moran

September 17, 2023

What do you do when you don’t know the answer to a bankruptcy client’s questions? After all, you’re a bankruptcy lawyer.

Members

Passing of Wichita Attorney

The Academy

November 19, 2023

It is with sadness that we report the passing of William (“Bill”) Schantz formerly of the Office of UST.

Chapter 12 and Act2/Conference Update

August 18, 2019

By Rebecca Garcia and Jan Sensenich, Chapters 12 and 13 Standing Trustees The Association of Chapter 12 Trustees (ACT2) had a wonderful day and a half conference in advance of the NACTT Seminar on July 15 and 16 in Indianapolis. In addition to Trustee participants, we had judges, debtors, and creditors counsel and representatives attend and participate. We kicked off...

Critical Case Comment – Present Value and Attorney’s Fees

October 3, 2021

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN) Administrative fees and claims existing when Chapter 13 plan was confirmed would reduce the amounts received by unsecured creditors in a Chapter 7 under the “best interests of creditors test;” unsecured creditors, expected to receive payments over three years, must be paid the “present value” of that stream of...

Members

CFPB Settles with Student CU Connect CUSO Over ITT Private Loan Program

June 16, 2019

On 6/14/19, the CFPB (Bureau) announced a settlement with Student CU Connect CUSO, LLC (CUSO), a company set up to hold and manage private loans for students at ITT Technical Institute. The Bureau filed a complaint and a proposed stipulated judgment in federal district court for the Southern District of Indiana alleging that CUSO provided substantial assistance to ITT Educational...

Applying the Principles of “Lady Justice”

Beverly M. Burden

June 16, 2024

“I recently had the opportunity to consider the symbolism of the well-known “Lady Justice” emblem or statue and pondered how the principles attributed to that icon apply to our present bankruptcy system.”

Members