Meet a Newish Trustee

By Regina Logsdon, Academy Executive Director

Erin M. McCartney was appointed as the Chapter 13 Standing Trustee for the District of Nebraska beginning on January 1, 2022. Erin stepped into metaphorically very large and capable shoes as she replaced retiring Kathleen Laughlin.

Erin grew up in Illinois, graduating college from Bradley University in Peoria (Go Braves!). Law school required a change of scenery as Ave Maria School of Law in Ann Arbor, Michigan, beckoned Erin. She received her J.D. in 2007.

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The Academy

Consumer Bankruptcy Education

The NACTT Academy offers a comprehensive community for bankruptcy professionals seeking to advance their education in consumer bankruptcy.

From the Editor

March 17, 2019

By Wm. Houston Brown, United States Bankruptcy Judge (Retired) Confirmation - Bankruptcy court could not sua sponte object to confirmation. Distinguishing between “self-executing” provisions of the Code and those sections that were not “self-executing,” and discussing Espinosa’s impact on that distinction, District Court held that the bankruptcy court could not sua sponte object to confirmation based on the above- median...

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Critical Case Comment – Ignoring 3002.1 Will Cost You

Henry E. Hildebrand, III

February 5, 2023

Mortgagee’s failure to disclose payment changes resulting from escrow adjustments and interest rate modifications compels the Court to order mortgagee to credit all undisclosed increases and subject it to sanctions, including attorney’s fees. (Somers) In re Kinderknecht, 2023 WL 320984 (Bankr. D. Kan. January 19, 2023) Case Summary Kyle and Chasity Kinderknecht filed a Chapter 13 petition in December of...

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A Practical Approach to Using Bankruptcy Rules Effectively – Part 2 Contested Matters; Service Under Rule 7004

Beverly M. Burden

February 2, 2025

Part 1 of this series introduced the purpose of these articles and discussed four fundamental rules relating to motion practice. This second article takes a deeper dive into one of those rules, Rule 9014.

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I Win. I Win. Trustee Holds Record for Having the Oldest Open Chapter 13 Case

April 7, 2019

By Helen M. Morris, Chapter 13 Standing Trustee for the Northern and Southern Districts of West Virginia It really takes so little to make a Chapter 13 Trustee happy—debtor’s counsel using calculators when they draft a plan ($100 for 36 months is NOT $4,936.87 no matter how many times it is repeated); saying “the Trustee is right” distinctly in open...

From the Editor

April 7, 2019

By Wm. Houston Brown, United States Bankruptcy Judge (Retired) Confirmation - Debtors could not deduct ownership costs for vehicle secured by non-purchase money lien. The above-median debtors claimed ownership deduction of $497 from projected disposable income, when the title loan payments on the vehicle were only $66.67. The difference in these amounts meant unsecured creditors could receive $25,819.80 over the...

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Practice Tips from Hon. Meredith Jury (Ret.)

October 17, 2021

(Published with the consent of the Central District Consumer Bankruptcy Attorneys Assn Newsletter, October 2021) By M. Jonathan Hayes, Resnik Hayes Moradi LLP (Encino, CA) Question from old bankruptcy lawyer: Judge Jury, chapters 13s are such a huge amount of work. Do you have any pointers on avoiding common mistakes? Response from Judge Jury: Of course! I will focus on...

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From the Editor

April 7, 2019

By Wm. Houston Brown, United States Bankruptcy Judge (Retired) Attorney Fees - Chapter 13 debtor’s attorney not entitled to recovery under § 330 of fees that were incurred in defending prior attorneys’ sanctions motion. The debtor’s prior attorneys had sought to impose sanctions on the current attorney, and that attorney successfully defended against sanctions. However, the fees incurred by the...

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Well, I Thought We Were Surrendering the Vehicle

John Hooge

September 29, 2024

In a Chapter 7 client surrendered her vehicle. Case was filed declaring such and no vehicle ownership expense was claimed. Subsequently, the lender offered a modified loan with a reduced monthly payment that was found acceptable. Accordingly, client now plans to reaffirm. This raises several procedural questions Attorney Hooge answers for us.

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How to Build and Strengthen Your Chapter 13 Debtor Practice

The NACTT Emeritus Trustees

July 3, 2022

In these times of fewer case filings, it may be helpful to look at ways that debtor attorneys may build and strengthen their chapter 13 bankruptcy practice. The following are some recommendations and ideas from the Emeritus Trustee Committee:

Duty to Update Trustee Regarding Changes Post-Plan Confirmation

Daryl J. Smith

April 23, 2023

Is there a duty to inform the trustee about changes post-plan confirmation? Yes. There is an inherent duty for the consumer debtor to update the trustee on any and all material changes, particularly windfalls, post plan confirmation. In a very recent case, In Re Robinson, the United States Trustee moved to dismiss debtor’s chapter 13 case because the debtor received...

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