Leading a Winning Team

Bowl games… playoff games… championship games… Super Bowls. We start each New Year with a football craze. So what organizational lessons can we learn from football… other than do not spike the ball on fourth down to stop the clock?

First, football is played as a team. Highly functioning teams win championships, while dysfunctional teams lose games and the coach is fired. Great teams function as a single unit. In football, as in the business world, this takes practice, discipline, and coaching.

Second, football in not an individual sport.Football teams never win championships solely . . .

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Merideth Akers

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

Merideth Akers has been the comptroller for David P. Rogers, D. Sims Crawford, and Bradford W. Caraway, Chapter, 13 Standing Trustees in Birmingham, Alabama, since 1999. Merideth graduated from Samford University with a major in Accounting and a minor in Economics. Merideth is a Certified Public Accountant (CPA) and a Professional in Human Resources (PHR). He has served as a seminar instructor in the fields of both Accounting and Human Resources, as well as being a facilitator for the NACTT Annual Meeting and Seminars and the NACTT Staff Symposiums. He is involved in several professional, civic, and educational organizations. For recreation Merideth enjoys golfing, backpacking, canoeing, hunting, fishing, boating, spending time at the beach, dining out with friends, attending his grandkid’s youth sporting events, and attending college sporting events. Merideth and his wife, Becky, have three married children and seven grandchildren.

Finding the Flaws in IRS Tax Liens

Cathy Moran

March 12, 2023

Lien perfection follows state law The secret tax lien attaches to all of a taxpayer’s property of any kind, wherever located. However, a tax lien is perfected against other creditors only by compliance with state laws on perfection of liens. AND during the pendency of a bankruptcy case, counsel only has to deal with the properly perfected tax lien. State...

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Critical Case Comment – Fair Discrimination: A Win/Win

Henry E. Hildebrand, III

December 11, 2022

A Chapter 13 plan can be confirmed to pay a 100% dividend to unsecured creditors while maintaining payments to a student loan creditor as a long-term debt (which will not satisfy the student loan in the commitment period) without committing all available disposable income. (Mullin) In re Victoria Florita Durand-Day, 2022 WL 14938726 (Bankr. N.D. Tex. October 26, 2022) Case...

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Critical Case Comment

February 24, 2019

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville) It was impermissible and contrary to the provisions of the Bankruptcy Code for the bankruptcy clerk to enter an order which dismissed a Chapter 13 case based only upon the trustee’s certification that the debtor did not make a timely first payment. (Duncan). No...

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Motions to Recuse the Bankruptcy Judge

The NACTT Emeritus Trustees

August 11, 2024

Although few are filed, and rarely granted, motions for the recusal of a bankruptcy judge are quite serious. We asked our Emeritus Trustee Committee for their opinion and comments on recusal motions.

Members

ABI Commission on Consumer Bankruptcy – Post-Petition Changes in Value

July 14, 2019

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN) One of the issues raised at the public hearings of the Commission concerned Chapter 7 trustees that would not take prompt action to abandon exempt or partially exempt assets but, would retain assets in the hope that there might be equity in the future to sell the asset for...

Members

Retirement of the Honorable Guy R. Humphrey

The Academy

February 18, 2024

Retirement of the Honorable Guy R. Humphrey

Travis Sasser

March 3, 2019

Travis Sasser practices bankruptcy law in Cary, North Carolina. He is a board certified specialist in Consumer Bankruptcy by the American Board of Certification and the North Carolina Board of Legal Specialization. He serves on the Bankruptcy Committee for the North Carolina Board of Legal Specialization. He is a member of ABI and NACBA. He graduated from the University of...

Assumption of Auto Lease in Chapter 7 Requires No Court Approval Says the 9th Circuit: In re Bobka

May 9, 2021

By Matthew D. Resnik, Resnik Hayes Moradi, LLP (Encino, CA) In Bobka v. Toyota Motor Credit Corporation (In re Bobka), 968 F.3d 946 (9th Cir. August, 2020), the chapter 7 debtor wanted to retain her leased Toyota. Toyota sent her an "assumption agreement" which she signed and returned to Toyota the day before she received her discharge. By then she...

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Atlanta Debtor Attorney/Firm Sanctioned

The Academy

August 11, 2024

From Page 4 of Memorandum and Order “Because Kakol’s representation of Debtor in this case fell drastically below the standard for acceptable representation of individual debtors in chapter 13 cases as discussed in greater detail below, he and the Kakol Firm will be sanctioned as follows: (1) they will be required to disgorge any and all fees paid in connection...

A Salute to the Consumer Litigation Five Star General

Keith D. Slocum

April 2, 2023

Consumer law attorney, mentor and educator, Oliver Max Gardner III recently announced that he is retiring. His passion, diligent research and unmatched expertise has served as a north star in consumer law for so many of us. From building a community of like-minded enthusiasts through the renowned Bankruptcy Boot Camp and cultivating an army of consumer litigators to fiercely defending...