Cyber Security - You Are The Weakest Link • NACTT Academy

Cyber Security – You Are The Weakest Link

At the NACTT 2023 Mid-Year Trustee Meeting in January the presentation that resonated the most with me was one about the dark web. The presenter, Mark Lanterman (CTO Computer Forensic Services), said something that haunts me still: your biggest security risk is your people. Mind blown. We spend so much time, energy, and resources on physical security and network security, and, yes, those things are EXTREMELY important. Having up-to-date hardware, ensuring that your firmware is current, your operating systems are patched…yes, yes . . .

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Naliko Markel

Chapter 13 Standing Trustee for the District of Oregon (Eugene)

Naliko Markel has worked in the Chapter 13 world since 2002, getting his start working for the Chapter 13 Trustee’s office in the District of Oregon – Portland. He initially served as Business Case Analyst, and eventually transitioned to the role of Systems Manager. In 2010, he added management of the Modified Plans Department to his supervisory responsibilities. On January 1, 2015, Naliko was appointed as Chapter 13 Trustee in the District of Oregon – Eugene. He earned a B.S. in Finance from the University of Oregon and an M.B.A. from the University of Portland. Outside the office, Naliko enjoys spending time outdoors and playing sports with his wife and two kids, cheering on his Oregon Ducks, and gastronomical adventures of all kinds.

Report of the American Bankruptcy Institute’s Commission on Consumer Bankruptcy

April 28, 2019

By William Houston Brown, Co-chair of the Commission and Adviser to the Academy for Consumer Bankruptcy Education The Report of the Commission on Consumer Bankruptcy for improvements to the consumer bankruptcy system was made public on April 11, 2019. The full report is available free by download from the American Bankruptcy Institute’s website, www.abi.org. The following Foreward to the Report...

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Courts are Expanding the Protections of Bankruptcy Rule 3002.1

Debbie Langehennig, Cameron Kelly

October 9, 2022

As a prerequisite to a claim’s payment, Rule 3002.1 requires certain secured creditors to provide to the trustee and the debtor notice of the full value of the secured creditor’s claim, including any “fees, expenses, and charges” related to the claim. Two bankruptcy courts have demonstrated a willingness to expand the reach of Rule 3002.1’s noticing requirements. These courts generally...

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MARK YOUR CALENDAR . . . NOW!!!

The Academy

July 14, 2024

MARK YOUR CALENDAR . . . NOW!!! NACTT 2025 - July 9-12 - Chicago Marriott Downtown Magnificent Mile

Chapter 13 Debtor Employment in the Marijuana Industry

Michael Gieseke

August 18, 2024

Bankruptcy Courts are beginning to get a whiff of the fringes of the marijuana industry. Namely, is it automatically bad faith for “Bud” to propose a plan when his income is derived from a perfectly legal (as far as the state is concerned) business? Attorney Gieseke brings Academy readers an up to date look at what courts are saying.

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New Judge Appointed

The Academy

June 18, 2023

Appeals Court Names Erie Lawyer as Newest Bankruptcy Judge – John C. Melaragno has been named the new judge for the Erie Division of U.S. Bankruptcy Court for the Western District of Pennsylvania

New Payment Option Available to Taxpayers in Private Debt Collection Program

October 13, 2019

IRS officials announced on 10/8/19 that a new payment option has been added to the private debt collection program to make it easier for those who owe to pay their tax debts. Taxpayers now can choose the convenient option of a preauthorized direct debit to make one payment or a series of payments toward their federal tax debt. With direct...

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What IS a Principal Residence?

June 30, 2019

By Phil Lamos, Chief Legal Counsel, Office of the Chapter 13 Trustee Lauren A. Helbling (Cleveland, OH) Section 1322(b)(2) of the Bankruptcy Code states that a Chapter 13 plan may not modify a claim that is “secured only by a security interest in real property that is the debtor’s principal residence.” But the inverse of this statute is true; if...

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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...

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How My Law Firm Learned to Stop Leaving Money on the Table Part 2 – The “Other Appropriate Relief” of Rule 3001

Mark C. Leffler

May 8, 2022

At my firm, we see a lot of consumers who have some combination of high debt and low income. Many of them arrive for their consultations after having been abused by debt collectors and predatory lenders, harmed by mortgage servicing errors, or subjected to inaccurate and derogatory credit reporting. Until fairly recently, after filing bankruptcies for these folks, we usually...

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Recent Cases Navigate Retirement Account Exemptions

Karen Jolley

February 11, 2024

“Several recent bankruptcy cases have considered the circumstances under which funds held in, derived from, or contributed to a retirement account may be exempt from the bankruptcy estate.”

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