Passing of Memphis’ Beloved Judge Kennedy

The Honorable David S. Kennedy, retired Chief U. S. Bankruptcy Judge, Western District of Tennessee, passed away on November 26, 2023. Judge Kennedy held a BBA from the University of Memphis and a J.D. from University of Memphis Cecil C. Humphreys School of Law. In 1970, upon graduating from law school, Judge Kennedy served a year as a law clerk to the Honorable Robert M. McRae, U. S. District Court, Western District of Tennessee (1970-1971); general practice of law and served as a Bankruptcy Receiver and Trustee (1971-1973); Bankruptcy Court Clerk, U. S. District Court, Western District of Tennessee (1974-1975); private practice and bankruptcy Panel Trustee (1976-1980); Adjunct Professor, University of Memphis School of Law (1981-2019); U. S. Bankruptcy Judge, Western District of Tennessee (1980-1988); and Chief U. S. Bankruptcy Judge, Western District of Tennessee (1988-2022). He was a member of the Memphis and Shelby County Bar Association and Tennessee Bar Association.

Click here for Obituary

The Academy

Consumer Bankruptcy Education

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

Property of the Estate or Appeal Rights for Sale?

M. Jonathan Hayes

January 19, 2025

Atty Hayes takes a look at a very interesting aspect of law we probably don’t think about on a regular basis. Are appeals for sale? “. . . maybe the answer is that the right to appeal is always property of the estate and may be sold to the opposing party.”

Members

Evidentiary Issues Arising from Attempts to Prove Alleged “Facts” Stated in The Monster Mash

October 27, 2019

By Alexander Schmidt1, Law Clerk, and The Honorable John P. Gustafson, United States Bankruptcy Court for the Northern District of Ohio (Toledo) You have never heard – or seen – the Monster Mash. What have you heard, is a song ABOUT the Monster Mash. Let that sink in for a minute. Inevitably, that leads to the obvious question: What facts...

Members

Analyzing the Troubled Chapter 13 During COVID19

May 3, 2020

By Cathy Moran, Esq. (Redwood City, CA) After the pandemic, when the economy lurches back into motion, bankruptcy lawyers will confront a clutch of troubled Chapter 13 cases. In the face of disruption, distress, and the unknown, we'll be called on to guide clients forward, in one direction or another. Let's review the questions we'll need to answer in order...

Members

An Update on Student Debt Relief and What this Means for Chapter 13 Practitioners

MaryAnn Bennett Bride

November 20, 2022

What is the Student Debt Relief Plan? On August 24, 2022, President Joe Biden announced a three-part student debt relief plan to help borrowers transition back to regular payments as pandemic-related support expires. The plan includes loan forgiveness of up to $20,000 for Pell Grant recipients with loans held by the Department of Education and up to $10,000 in debt...

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

What Is the Difference Between an Adversary Proceeding and a Contested Matter?

M. Jonathan Hayes

June 16, 2024

A colleague of mine recently asked “what’s the difference between an adversary proceeding and a contested matter?” My immediate response was “very little.” But I decided to take a look at the rules so I can give a little more thoughtful answer the next time I’m asked.

Members

Done with Taxes This Year? Use 2018 Return to Get 2019 Withholding Right

May 5, 2019

Millions of taxpayers filed a 2018 tax return in the last few weeks, making now a prime time for everyone to consider whether their tax situation came out as they expected. If it didn’t, they can use their recently finished 2018 return and the IRS Withholding Calculator to do a Paycheck Checkup and adjust their withholding. Checking and then adjusting...

Form 1099G – How to Fight Back Against Scams

February 21, 2021

By William J. Purdy III (Soquel, CA) Got an EDD tax form 1099 but no benefits? At this moment, POTENTIALLY hundreds of thousands of California taxpayers are enjoying the ghastly experience of receiving a Form 1099G courtesy of the California EDD for unemployment benefits the taxpayer never received. The problem is not confined to California; it’s so prevalent, the IRS...

Members

Postpetition Borrowing by a Consumer Debtor in Chapter 13 – Part 2 of 2

May 12, 2019

By Judge Michael A. Fagone & Career Law Clerk Ciera S. Dye III. Policy Considerations Where the statute does not provide definitive guidance, courts often turn to policy considerations. How do those considerations weigh out here? One answer is that policy considerations cut against imposing any sort of requirement of preapproval for postpetition borrowing by a consumer debtor. Several reasons...

Members

Beyond Professional Ethics

July 25, 2021

By Merideth Akers, CPA, PHR, Comptroller forBradford W. Caraway (Birmingham, AL) I am a Certified Public Accountant (CPA) and a Professional in Human Resources (PHR). I suspect that many who read this article are Licensed Attorneys. Others may hold a certification from other professions. These entities have their own rules of professional ethics and conduct that govern what we are...

Members