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.

YEP, this means you, y’all, all y’all, you guys, and yoos guys. Doesn’t matter if you have been doing 341’s via telephone for 100 years . . . it’s ZOOM as soon as implemented in your district. For Debtor Atty’s, this may require having clients in your office more often, but it will definitely require some hand-holding for the technologically challenged!

The Academy

Consumer Bankruptcy Education

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

Lien Avoidance, Pre-Existing Liens and Notice

Robert G. Drummond

October 20, 2024

“Can a Debtor avoid a lien when a creditor holds a secured position that preceded the Debtor’s ownership interest . . . ? Judge Michelle Harner, . . . recently addressed this issue.

Members

Spoofing and the Legal Profession: No One is Immune

Ryan Bourgeois, Jeffrey Fleming, Lauren O’Neil Funseth

September 8, 2024

Spoofing scams hit with $10.5 trillion warning! If it were measured as a country, cybercrime would be the world’s third-largest economy after the United States and China. As its frequent mention in the news cycle demonstrates, no industry is immune – including the legal profession.

Members

Chapter 12 and Act2/Conference Update

August 18, 2019

By Rebecca Garcia and Jan Sensenich, Chapters 12 and 13 Standing Trustees The Association of Chapter 12 Trustees (ACT2) had a wonderful day and a half conference in advance of the NACTT Seminar on July 15 and 16 in Indianapolis. In addition to Trustee participants, we had judges, debtors, and creditors counsel and representatives attend and participate. We kicked off...

Meet Another New’ish Trustee

The Academy

September 1, 2024

Gregory D. Stefan was appointed as a Chapter 13 Standing Trustee for the Eastern District of Virginia effective May 1, 2023. He follows in the footsteps of Michael P. Cotter upon his retirement.

Members

Towering Victory: UT Law Shines Bright with Third Duberstein Moot Court Championship

Debbie Langehennig

January 12, 2025

Trustee Deborah Langehennig lead University of Texas to its third national Duberstein championship. GO DEB!!!!

If You’re Gonna Bet the Farm, Maybe Play Against the House

Danielle N. Gueck-Townsend

January 30, 2022

Gambling is inherently risky, but that rings even more true when a bankruptcy is involved. Section 727(a)(5) allows for denial of discharge if “the debtor has failed to explain satisfactorily, …. any loss of assets or deficiency of assets to meet the debtor’s liabilities.” 11 U.S.C. §727(a)(5). Recently, Bankruptcy Judge Timothy A. Barnes in Chicago wrote an opinion in which...

Members

Welfare Debt – A Study

Edward C. Boltz

October 6, 2024

“The government is owed this debt through a welfare cost recovery system which requires custodial parents that file for welfare benefits to pursue child support from noncustodial parents and assign those rights to the government.”

From the Editor – Discharge

June 7, 2020

By The Honorable William Houston Brown (Retired) Hardship discharge denied. Section 1328(b)’s requirements for hardship discharge are conjunctive and failure to satisfy any one of three conditions results in denial. Reviewing judicial decisions on requirements of the statute, the court considered “the extent of a debtor’s accountability and degree of control; the substantiality and foreseeability of the changed circumstances at...

Members

Critical Case Comment

March 14, 2021

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville) Despite a split in authority, funds held by a Chapter 13 Trustee at the time a case is dismissed prior to confirmation, are subject to the trustee’s commission before any balance is returned to the debtor. In re Doll, 17-20831-MER (Bankr. D.Colo. Feb. 19,...

Members

District of South Carolina

The Academy

May 28, 2023

Retirement of Judge David Robert Duncan