The Change to Chapter 13 Law I'd Most Like to See? • NACTT Academy

The Change to Chapter 13 Law I’d Most Like to See?

A question recently presented to the NACTT Emeritus Trustees is “the change to chapter 13 law I’d most like to see?” Here is a summary of their responses. This question was presented by a ConsiderChapter13.org reader. If you have a question for the Emeritus Trustees or Ms. Ps & Qs (ethics), please submit them here.

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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.

What A Bankruptcy Lawyer Is Thankful For

Cathy Moran

November 19, 2023

On Thanksgiving, I’m mindful of how precious the American approach to insolvency is.

Critical Case Comment–The Not DSO POC

Henry E. Hildebrand, III

June 5, 2022

The bankruptcy rights of an ex-member of anunmarrieddomestic couple, now separated are not the same as those of an ex-spouse; the language of a domestic arbitration can clearly dictate if property is vested in the ex or is a simple money judgment. (Hamilton) In re Harshaw, 2022 WL 533701 (7th Cir. February 23, 2022) Case Summary Donald Harshaw was married...

Members

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...

Members

Critical Case Comment – Bad Faith to Not Pay Both Tests?

Henry E. Hildebrand, III

February 27, 2022

Chapter 13 debtor is not obligated to pay both the disposable income pool and the best interest of creditors test pool to achieve confirmation, only the larger of the two; it is not a manifestation of bad faith that the debtor does not pay both the disposable income pool and the best interest of creditors test amounts. (Altenberger) In re...

Members

Is a CARES Act Stimulus Payment Exempt?

April 26, 2020

By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN) Introduction Since April 1, 2020, many unemployed people in the United States have begun to receive "a recovery benefit" in the amount of $1,200.1 These payments, under the CARES Act2 stimulus program, were intended to provide some relief to suffering Americans. However, the most financially distressed Americans, perhaps with existing,...

Members

What Else Does the Code Say About Interest and Unsecured Debts?

Ken Siomos

March 31, 2024

While some circuits differ, statutory interpretation suggests similar treatment for secured and unsecured claims regarding interest disallowance, unless context dictates otherwise. Attorney Siomos brings subscribers a follow-up to last week’s article.

Members

City of Chicago v. Fulton And the Turnover Conundrum

January 24, 2021

By Kara K. Gendron, Esquire, Mott & Gendron Law (Harrisburg, PA) The recent Supreme Court decision in City of Chicago v. Fulton1 will change the law in most Circuits. Prior to this case, there was a split among the circuits as to whether the post-petition retention of property taken pre-petition constitutes a violation of the automatic stay under §362(a)(3) of...

Members

Critical Case Comment – And There is Also Blanco

October 31, 2021

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville) Rule 3002.1 gives the Bankruptcy Court authority to impose sanctions, including punitive sanctions, as part of the rules-granted authority to award “other appropriate relief.” (Rodriguez) Blanco v. Bayview Loan Servicing LLC (In re Blanco), 2021 WL 4190170 (Bankr. S.D. Tex. September 14, 2021) Case...

Members

Tax Form 1099 Needs A Closer Look: Chances Are It’s Wrong

April 14, 2019

By William J. Purdy, III, Simmons & Purdy (Soquel, CA) Hundreds of thousands of taxpayers in the past few weeks have looked at or at least thought about, Form 1099-A or Form 1099-C documents they have received. Some arrived in the tax year a debt was allegedly cancelled. Others are issued by financial instructions many years after they should have...

Members

Passing of Memphis’ Beloved Judge Kennedy

The Academy

December 3, 2023

The Honorable David S. Kennedy, retired Chief U. S. Bankruptcy Judge, Western District of Tennessee, passed away on November 26, 2023.