U.S. Trustee Program to Implement Virtual Section 341 Meetings of Creditors Nationwide

These virtual 341 meetings via Zoom will be implemented on a rolling basis through early 2024.

The Academy

Consumer Bankruptcy Education

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

Do I Really Have to Tell the Trustee About Newly Acquired Assets?

Herbert L. Beskin

January 9, 2022

It has long been a vexing question for Trustees and attorneys alike: do Debtors have to disclose assets acquired post-petition? In a lengthy and well-documented opinion, Chief Bankruptcy Court Judge John Waites of South Carolina has presented his take on this issue and concluded, with some important exceptions, that they do not. The case is In re Thomas L. Boyd,...

Members

Escrow 101 and 102

Michael J. McCormick, Esq.

August 13, 2023

In the fall of 2021, Michael McCormick provided subscribers with an EXCELLENT, expository, seven-part outline on mortgage escrow. This information is just as relevant today as when we first published it with one important update . . . When the next escrow analysis is performed and the servicer has received less than 12 payments of escrow (and often zero, as is often the case after the borrower received a forbearance during the COVID pandemic), the escrow balance will be far less than anticipated!!

Members

For Shame

The Academy

June 25, 2023

Litigation Practice Group Lawsuits: 4 Cases to Know (This is the only free article we could find on Litigation Practice Group a/k/a Phoenix Law and disbarred Tony Diab. He has been disbarred from both Nevada and California.)

When the Trustee Gets Subpoenaed

August 15, 2021

By Karin N. Amyx, Staff Attorney to Chapter 13 Trustee Carl Davis (Wichita, KS) Trustees possess a variety of sensitive information that could be useful to litigants in contract disputes, divorce and child custody matters, insurance litigation or criminal prosecution. Additionally, debtors, creditors or third parties may be interested in the trustee’s internal operating procedures or legal position on disputes...

Members

CHAPTER 12 CONFERENCE ● FARM REORGANIZATION ● 3 HOURS OF CLE

The Academy

January 12, 2025

The Association of Chapter 12 Trustees is excited to announce its virtual seminar scheduled for February 13, 2025. The seminar is a one-day virtual seminar with three sessions.The ACT12 board and officers have worked hard to put together a seminar packed full of great information. REGISTER NOW!

Evictions in Ohio, Kentucky, Michigan and Tennessee May Go Forward? Sixth Circuit Says CDC’s Eviction Moratorium Exceeded Its Authority

August 15, 2021

After the CARES Act’s 120-day moratorium on evictions ended, the Centers for Disease Control (“CDC”) extended the moratorium, with the CDC’s order based on authority under the Public Health Service Act of 1944. CDC stepped into the landlord-tenant arena to make and enforce regulations necessary to prevent spread of COVID-19, citing 42 U.S.C. § 264(a). Subsequent to CDC’s action, Congress...

From the Editor – Claims

October 20, 2019

By The Honorable William Houston Brown (Retired) Debtor’s objection to tax claim for being “too low” was rejected. Noting that the debtor could not benefit prior to distribution to creditors, in event trustee found assets for distribution, debtor’s objection to claim filed by tax creditor on basis that claim was “too low” was rejected. “The debtor comes last, not first,...

Members

New Federal Guidance on Discharging Student Loans in Bankruptcy Is a Game Changer

Robert B. Branson, Tammy Branson

March 26, 2023

The Justice Department, in partnership with the Department of Education, recently announced new guidelines that loosen the strict application of the “undue hardship” exceptionwhen defending a student loan dischargeability action. This new guidance is a game changer. In the past the Department of Justice narrowly applied the undue hardship exception when defending discharge of student loans to the extent that...

Members

From the Editor – Discharge Injunction

May 31, 2020

By The Honorable William Houston Brown (Retired) Only bankruptcy court issuing discharge order can enforce injunction. The Fifth Circuit held that only the bankruptcy court issuing a discharge order has authority to enforce the discharge injunction. The opinion reviews pre-2005 Code provisions and current 28 U.S.C. § 1963, citing other Circuits that “have insisted on a return to the bankruptcy...

Members

Honoring Black History Month

The Academy

February 18, 2024

Judge Raymond Lohier (Second Circuit U.S. Court of Appeals) Shares His Immigration Story and the Diverse Perspective it Brings