Discharges and the DoD: The Interplay between Bankruptcy & Security Clearances

There are several different types of security clearances that an individual might seek as a prerequisite to employment. What each clearance requires depends on many factors, such as whether the person is a civilian or part of the armed forces, whether the clearance is for facility access only (versus access to sensitive documents), and the scope of the access in question. Regardless of the exact clearance sought, one reoccurring theme throughout security clearance opinions is the analysis of the “whole person.”1

For those who practice in bankruptcy law, the “whole person” concept . . .

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Emily Connor Kennedy

Boleman Law Firm, P.C. (Richmond, VA)

Emily Connor Kennedy is a shareholder with the Boleman Law Firm, P.C., Virginia’s largest consumer bankruptcy practice. Emily is part of the firm’s consumer litigation team and she focuses on helping clients who are facing consumer rights issues such as credit report inaccuracies and abuses from mortgage servicers and banks. Emily lives in Richmond, Virginia with her husband, their dog Theo, and her pet tarantulas. Emily enjoys weightlifting, cross-stitching, and overly-complicated DIY home improvement projects.

Fast Track to Freedom: Judge Greenlights Early Payoff

Henry E. Hildebrand, III

January 5, 2025

Chapter 13 debtor has the right to modify a confirmed Chapter 13 plan to pay off the plan early; at modification the “best interest of creditors test” applies to the modified plan as of the effective date of the modification.

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Conflicting Interpretations: A Chapter 13 Trustee’s Compensation After Pre-Confirmation Dismissal or Conversion – Part 2 of 3

Brittani Bushman

February 6, 2022

(Used with expressed permission from the MI Bankruptcy Journal and the Steven W. Rhodes Consumer Bankruptcy Conference) III. Contrasting the Majority and Minority Interpretations The majority and minority approaches differ as to (1) the interpretation of the use of "collect" in § 586(e); (2) the operative effect of parallel provisions in chapters 11 and 12 on the interpretation of §...

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Critical Case Comment – Pigs Get Fat/Hogs Get Slaughtered

Henry E. Hildebrand, III

March 19, 2023

Below-median Chapter 13 debtor bears the burden of justifying a plan longer than three years as confirmation of a five-year plan would be denied as providing insufficient justification to exceed three years. (Robinson) In re Ingram, 2023 WL 2529730 (Bankr. N.D. Ala. March 15, 2023) Case Summary Danny Ingram filed four bankruptcy cases over 20 years. He was single with...

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The PUMP Act

Mark T. McCarty

June 11, 2023

The U.S. Department of Labor (DOL) has released an updated Fair Labor Standards Act (FLSA) Minimum Wage Poster that covers employers’ new lactation accommodation obligations under the recently passed Providing Urgent Maternal Protections for Nursing Mothers (PUMP) Act. The PUMP Act went into effect on December 29, 2022 and requires employers to provide nursing employees with reasonable accommodations, such as...

District of New Jersey

The Academy

December 15, 2024

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

Critical Case Comment – A Mixed Bag of Inheritance

Henry E. Hildebrand, III

June 18, 2023

When a debtor fails to disclose a post-petition asset as required by Local Rule and the terms of her plan, the trustee may seek a modification of the plan notwithstanding the expiration of the applicable commitment period; the best interest of creditors test applies only at commencement of the case and not to a plan modification; a trustee’s motion to...

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Separately Classifying Student Loans in Chapter 13

Scott Waterman

May 12, 2024

Big news . . . Sneak peak . . . Coming in July . . . You are gonna want this article (just sayin’) Starting July 1st, Chapter 13 debtors in Federal Student Loan income-driven repayment plans will no longer need to classify their student loans separately to receive IDR credit. Credit towards forgiveness will be awarded for each month of trustee payments, regardless of payments made directly to the Department of Education.

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Complete Termination of The Automatic Stay Under §362(c)(3)(A) According to the First Circuit

March 3, 2019

By Carri Hayden Johnson, Staff Attorney to O. Byron Meredith, Chapter 13 Trustee (Savannah, GA) The filing of a bankruptcy petition acts as a stay of certain actions against the debtor or the debtor’s property. The automatic stay is essentially the fundamental reason that a debtor seeks relief in the form of bankruptcy, as it allows the debtor a brief...

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Critical Case Comment – What Does a Tax Return Really Tell Us??

Henry E. Hildebrand, III

May 7, 2023

Chapter 13 debtor has no obligation to voluntarily disclose changes in income or the acquisition of post-petition assets absent a request from a party in interest for such information. (Kendig) In re Poe, 2022 WL 3639415, (Bankr. N.D. Ohio August 22, 2022) Case Summary Mr. Poe filed a Chapter 13 petition in March of 2019. At the time of filing,...

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Saldana v. Bronitsky – POV Counter Point

Henry E. Hildebrand, III

December 8, 2024

In a point-counter-point to Cathy Moran’s Saldana v. Bronitsky article from last week, Hildebrand brings a slightly different perspective to the case which now appears headed to the Supreme Court. See also: Early Christmas Present for Chapter 13 Bankruptcy Attorneys

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