Claims: Transfers, Address Changes, and Payee Switches

Claims: Transfers, Address Changes, and Payee Switches – Oh My!

In any given year Chapter 13 Trustees administer 400,000 to 500,000 cases and distribute almost $5 billion to creditors. A critical duty for trustees is to be sure that distributions are correctly delivered to an allowed claimant.

11 USC § 501 governs the filing of a proof of claim and 11 USC § 502 sets forth the requirements for allowance of claims. Fed.R.Bankr.P. 3001 and 3002 speak to form, content, and timing for filing claims. The rules . . .

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The NACTT Emeritus Trustees

Former Chapter 13 Standing Trustees

The NACTT Emeritus Trustee Committee is made up of former Chapter 13 Standing Trustees from all over the country: Michael Joseph, Isabel Balboa, Carl Bekofske, Herb Beskin, Chuck DeHart, Pete Fessenden, Mike Fitzgerald, Nancy Grigsby, Mary Grossman, James Henley, Howard Hu, Jan Johnson, Jeff Kellner, Tom King, Bill Miller, Frank Pees, Jan Hamilton, Denise Pappalardo, George Stevenson, Robert Wilson and Mike Meyer.

Critical Case Comment – What About a Zero Value Junior Lien?

Henry E. Hildebrand, III

November 5, 2023

Bankruptcy Court has authority to compel implementation of a confirmed Chapter 13 plan which, at its end required the release of a junior lien which had been given no value; attorney’s fees would be awarded to debtors’ counsel for pursuing the release.

Members

Eviction Diversion Programs and Chapter 13 Bankruptcy

February 3, 2019

By Edward C. Boltz, The Law Offices of John T. Orcutt (Durham, NC) (Originally published in pertinent part at ncbarblog.com, December 19, 2018) With the publication of Evicted: Poverty and Profit in the American City, author Matthew Desmond has brought increasing attention both nationwide and in North Carolina to the growing eviction crisis. With . . . It looks like...

Members

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...

From the Editor – Claims

June 21, 2020

By The Honorable William Houston Brown (Retired) Recordation of divorce judgment created secured claim. In Chapter 13 case, the debtor objected to former spouse’s secured claim, with pre-bankruptcy divorce judgment awarding former marital home to the husband but ordering equalization payments to the wife. No security was mentioned in the judgment, but its recordation created a lien under Wisconsin law....

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Sub V Update

Paul W. Bonapfel

April 14, 2024

Many of you are familiar with the extensive outline on Sub Chapter V that the Honorable Paul W. Bonapfel, United States Bankruptcy Court for the Northern District of Georgia, produces. This is a FREE resource and is freshly updated!! Thank you Judge Bonapfel!

From the Editor

September 20, 2020

By The Honorable William Houston Brown (Retired) Three-month delay in completing bare-bones petition. When the Chapter 13 debtor filed a skeletal petition, her motion for more time to complete schedules, statement and plan was denied, with no cause found for extending time after three-month delay, and show cause hearing was set to determine if case should be dismissed with 180-day...

Members

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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FFIEC Issues Statement on Examination Principles Related to Valuation Discrimination and Bias in Residential Lending

The Academy

February 18, 2024

FFIEC Issues Statement on Examination Principles Related to Valuation Discrimination and Bias in Residential Lending

From the Editor – Fair Debt Collection Practices Act

February 2, 2020

By The Honorable William Houston Brown (Retired) Limitations period for actions under FDCPA. Construing the statute of limitations for actions against debt collectors under the Fair Debt Collection Practices Act (FDCPA), the Supreme Court held that “absent the application of an equitable doctrine, the statute of limitations in § 1692k(d) begins to run on the date on which the alleged...

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Passing of Affable, Humanitarian Trustee

September 26, 2021

By Dynele Schinker-Kuharich, Chapter 13 Standing Trustee (Canton, OH) On Thursday, September 16, 2021, the bankruptcy community lost a good friend and esteemed colleague, Robert S. Thomas II. In an effort to pay tribute to Robert, who was loved and respected by so many, The NACTT Academy is privileged to share comments, thoughts, and tributes made by Robert’s bankruptcy colleagues....