Motions to Extend or Impose the Automatic Stay

“In most cases, debtor’s counsel addresses only the argument that the debtor’s personal or financial affairs have substantially changed since dismissal of the preceding case.”

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Hon. Erik P. Kimball

United States Bankruptcy Judge, Southern District of Florida, West Palm Beach Division

Hon. Erik P. Kimball, Chief United States Bankruptcy Judge, Southern District of Florida, West Palm Beach Division. Erik P. Kimball serves as Chief U.S. Bankruptcy Judge in the Southern District of Florida. He was appointed in 2008 and reappointed in 2022. Judge Kimball received his J.D. from Boston College Law School in 1990 and his B.A. from the University of Massachusetts at Amherst in 1987. Judge Kimball began his legal practice at Hale and Dorr (now WilmerHale) in the firm’s Boston office. He twice left legal practice to work in the mutual fund industry as an investment professional. At the time of his judicial appointment in 2008, Judge Kimball was a shareholder at Akerman in the firm’s Orlando office. In legal practice, he specialized in representation of institutional investors and indenture trustees in connection with defaults of publicly traded debt securities.

Word to the Wise: Failure to Properly Notice a Creditor Is Bad!

M. Jonathan Hayes

April 7, 2024

When the debtor fails to properly schedule a creditor in an asset case, is the now non-dischargeable debt under § 523(a)(3) limited to the amount the creditor would have received had it filed a proof of claim?

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When (or Not) Is the Best Interests of Creditors Test Applicable in a Modified Plan?

August 22, 2021

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN) While the best interests of creditors test is applicable upon modification of a Chapter 13 plan, post-petition acquired property of the estate is not included in such analysis in that such property would not be property of a Chapter 7 estate. (Somers) In re Taylor, 2021 WL 3118824 (Bankr....

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What the FICO? Reaffirming Doesn’t Help My Credit Score?

May 23, 2021

By The Honorable John P. Gustafson, United States Bankruptcy Judge, Northern District of Ohio (Toledo) Reaffirmation hearings during the pandemic have been difficult, at least for me. The economic risks for debtors are greater. There are uncertainties about the availability of credit, and the availability of suitable vehicles. Prices of used cars have gone up – with stimulus money pushing...

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Debt Buyers Pay a Lot Post-Taggart

Cathy Moran

February 4, 2024

You know it won’t go well for the creditor in a discharge violation when the opinion opens by characterizing the debtor as a single mother and registered nurse who discovers her $20k bank balance is now negative.

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The Hanging Paragraph – Hanging on Every Word Part 1 of 4

June 14, 2020

By Anthony J. Gomez, CPA, former extern to the Honorable John P. Gustafson, Northern District of Ohio at Toledo I. Cramdown Pursuant to 11 U.S.C. §1325(a)(5)(B) Section 1325(a) sets forth the requirements for a court to confirm a chapter 13 bankruptcy plan. In respect to each secured claim provided for in a plan, 11 U.S.C. §1325(a)(5) provides the following three...

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Vesting of Property in the Debtor Cuts Off Creditor’s Rights, Ninth Circuit Says

January 26, 2020

By Cathy Moran, Esq. (Redwood City, CA) Clouds of uncertainty have hovered over Chapter 13 debtors who find that they need to sell appreciated property before the case is over. Does appreciation occurring after filing go to creditors on the theory that the appreciation is property of the estate? Or does the vesting of property at confirmation entitle the debtor...

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Creditors’ Rights and Debtors’ Protections at the Intersection of Consumer Bankruptcy and UCC Article 9

January 17, 2021

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN) PART VII – CONSUMER CREDITORS' PENALTIES FOR VIOLATIONS OF FORECLOSURE AND OTHER ARTICLE 9 RULES Introduction In this space, we have looked at numerous topics involving the operation of Article 9 of the Uniform Commercial Code (UCC) in bankruptcy; in the current series, we are reviewing Article 9's important rules...

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Judicial Year in Review 2021: Part 4 Selected Cases under Parts VIII and IX of the Federal Rules of Bankruptcy Procedure

Lawrence R. Ahern, III

December 19, 2021

Introduction Following Part 1's review of the December 1, 2021 changes in the Federal Rules of Bankruptcy Procedure, Part 2 and

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For You, What Is the Best Part About Retirement

The NACTT Emeritus Trustees

March 3, 2024

We were curious about what our NACTT Emeritus Trustees have been doing in retirement. How have they been spending their time since making the decision to retire and moving on from the daily challenges as a Chapter 13 Trustee. Here are their replies to our inquiry:

Bifurcated Fees Under Examination

The Honorable William Houston Brown

May 22, 2022

Bankruptcy and appellate courts in increasing numbers are considering whether it is appropriate for debtors filing for Chapter 7 relief and attorneys representing them to enter into bifurcated fee agreements. It has been recognized that one of the reasons that debtors may decide to file Chapter 13 rather than Chapter 7 is that attorneys require payment of the Chapter 7...

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