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.

Minding the Post-Confirmation Gate: Creditors Gotta’ Get It Right the First Time

Henry E. Hildebrand, III

June 16, 2024

Although it is easy for a consumer practitioner to skim over decisions relating to Chapter 11, occasionally, a Chapter 11 decision requires attention. This is particularly true when the decision is issued by a Circuit Court of Appeals. Here, compelling circumstances must be demonstrated to justify a post-confirmation amendment to a proof of claim.

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The Hanging Paragraph – Hanging on Every Word Part 3 of 4

June 28, 2020

By Anthony J. Gomez, CPA, former extern to the Honorable John P. Gustafson, Northern District of Ohio at Toledo Click here for Part 1 Click here for Part 2 IV. The Hanging Paragraph’s effect on Interest Rates When the hanging paragraph is applicable, creditors are entitled to the full value of their secured claims as . . . It looks...

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Can Good Facts Also Make Bad Law? Finality of Orders in Bankruptcy Revisited after Ritzen Group

Lawrence R. Ahern, III

March 20, 2022

"Finality" in Bankruptcy When is an order within a bankruptcy case "final"? When must a party to the proceeding appeal within 14 days? When may a party either seek interlocutory review or sit back and wait until something more occurs to make the order final? Final orders are appealable. In civil actions, this is a relatively easy proposition to apply...

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Critical Case Comment – Nothing Requires a Plan to Provide for All Secured Claims

Henry E. Hildebrand, III

December 12, 2021

If a Chapter 13 plan makes no provision for a mortgage obligation, omits any treatment of the mortgage claims, and prohibits the Trustee from making disbursements toward the claims, the claims are not provided for by the plan and the plan can be confirmed over the objection of the creditor and the trustee; nothing requires a plan to provide for...

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Post-Petition Causes of Action, Inheritances and Windfalls Are Property of the Estate and Must Be Reported to the Trustee – Part 2 of 5

July 21, 2019

By John P. Gustafson, United States Bankruptcy Judge, Northern District of Ohio, Western Division Click here for Part 1 B. The Duty To Disclose Post-Petition Causes Of Action. 1. The Waldron Decision. The 11th Circuit Court of Appeals considered the issue of whether or not a post-petition cause of action is . . . It looks like you are not...

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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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CARES Act Financial Hardship ‘Laundry List’

April 5, 2020

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN) During the free Academy webinar The CARES Act – Impacts on Chapter 13 on April 2, 2020, the panel – Judge Wm. Houston Brown (Retired), Amanda DeBerry and I – referred to the importance of detailing the reasons for modifications or suspensions to be related to financial hardship stemming...

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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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Meet Another New Trustee

January 20, 2019

On October 1, 2018, Dynele L. Schinker-Kuharich was appointed as a Chapter 13 Standing Trustee for the Northern District of Ohio. She maintains her offices in Canton. Ms. Schinker-Kuharich replaces retiring Toby Rosen who served in this position for 30 years. Prior to her appointment as a Standing Chapter 13, Schinker-Kuharich was on the panel of Chapter 7 Trustees for...

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Two Supreme Court Decisions with Effects on Bankruptcy Practice

March 1, 2020

By William Houston Brown, Adviser, Academy for Consumer Bankruptcy Education, Inc. and Lawrence R. Ahern, III, Brown and Ahern (Nashville, TN) In two February opinions, the Supreme Court addressed issues that appear in bankruptcy cases, one dealing with a common practice of entering nunc pro tunc orders and the other affecting determination of property rights under state law. In a...

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