I Feel A Change Coming On (Song by Bob Dylan, 1964)

By Merideth Akers, CPA, PHR, Comptroller for Bradford W. Caraway (Birmingham, AL)

The Covid-19 pandemic postponed the 2020 Masters Golf Tournament, originally scheduled for early spring. It was eventually held November 12th through 15th. The winner was Dustin Johnson. Additionally, the 2020 Wimbledon Tennis Tournament was cancelled for the first time since 1945 (due to World War II). For the first time ever, the Summer Olympics were postponed for one year.

These events gave rise to a conversation between my Trustee, Brad Caraway, and me. We wondered how Jack Nicholas and Arnold Palmer would compete using modern . . .

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NCLC Seeks Signers Urging Foreclosure Pause When HAF Applied For

The Academy

January 16, 2022

NCLC seeking non-profit organizations to sign two letters (one to the CFPB and one to FHFA, FHA, VA, and USDA) urging the agencies to require servicers to pause foreclosure activity for at least 60 days after being notified that a borrower has applied for HAF assistance and meets conditional program eligibility. We ask organizations to sign both letters, and the...

Rule 60(b) Does Not Recognize ‘I Forgot’

Henry E. Hildebrand, III

March 8, 2026

For the court to set aside an order dismissing a debtor’s case, the debtor bears the burden of proof to establish that grounds exist under Rules 59(e) and 60(b).

Members

Meet a Brand-New Trustee

The Academy

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Karie L. Fahrenholz was appointed as the newest Chapter 13 Standing Trustee on October 1, 2025. While no one will ever replace retiring S.J. Beaulieu, Karie is his successor and intends to give it her best shot.

Members

From the Editor – Dismissal

August 2, 2020

By The Honorable William Houston Brown (Retired) Undistributed funds returned to debtor upon dismissal. Under § 1327(b)’s vesting requirement, unless a confirmed plan provides otherwise, any undistributed funds held by the trustee at dismissal of the case must be returned to the debtor. Although not necessary to rely on § 347(b)(3), the conclusion on effect of vesting at confirmation was...

Members

IRS Issues Standard Mileage Rates For 2019

January 6, 2019

IRS issued the 2019 optional standard mileage rates used to calculate the deductible costs of operating an automobile for business, charitable, medical or moving purposes. Beginning on Jan. 1, 2019, the standard mileage rates for the use of a car (also vans, pickups or panel trucks) will be: 58 cents per mile driven for business use, up 3.5 cents from...

District of South Carolina

The Academy

May 28, 2023

Retirement of Judge David Robert Duncan

Ask Ms. Ps and Qs

Nancy B. Rapoport

May 14, 2023

Dear Readers: Want to know why your 1L Civ Pro course is your best friend when it comes to “undue hardship” cases? Because burdens of proof matter. (They matter in other cases, too, but I’m in love with the case of Love v. U.S. Dept. of Education (In re Love), Case No. 19-20532-C-7, United States Bankruptcy Court for the Eastern...

Members

Yet Another Arrow in the Quiver of the “Less Than Honest Debtor”?

January 6, 2019

By Academy Staff In July of 2016 ConsiderChapter13.org posted an article, “Another Arrow in the Quiver of the ‘Less Than Honest Debtor’.” That article addressed a decision of the Bankruptcy Court for the Eastern District of Tennessee in In re Hurt, 2015 WL 9592064 (Bankr. E.D. Tn. 2015), in which the Court overruled the Trustee’s objection to exemptions. In Hurt,...

Members

Meet a New Trustee

The Academy

October 8, 2023

David A. Mawhinney is the Chapter 13 Standing Trustee for the Central and Western Divisions of Massachusetts and a Subchapter V Trustee for Region One. He replaced Denise M. Pappalardo upon her retirement which was effective December 24, 2022. David is a 2002 graduate of Boston College and received his J.D. from Boston College Law School in 2011. When David started...

Impact of COVID-19 and the CARES ACT on Mortgages

April 19, 2020

By Michael McCormick, Senior Partner, McCalla Raymer Leibert Pierce, LLC (Roswell, GA) H.R. 748, also known as the CARES Act (herein, “the Act”), was enacted into law on March 27, 2020. The Act is meant to address the economic fallout of the Coronavirus pandemic. The Act contains numerous consumer protections, including several pertaining to residential mortgages. Relief from Foreclosure Section...

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I Feel A Change Coming On (Song by Bob Dylan, 1964)

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Related Articles

NCLC Seeks Signers Urging Foreclosure Pause When HAF Applied For

Rule 60(b) Does Not Recognize ‘I Forgot’

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From the Editor – Dismissal

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