Interspousal Claims Live On and On and On

Even when the contentions against a debtor spouse sound in fraud, breach of fiduciary duty, or intentional tort, the claims of the debtor’s spouse survive a Chapter 7 discharge.

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Cathy Moran, Esq.

Head of Moran Law Group

Cathy Moran has headed her own small firm Moran Law Group in Redwood City, California, for over 40 years. Family law and tax issues as they play out in bankruptcy are areas of particular interest to Cathy.

Vesting Victories: Chapter 13 Debtors Shielded Against Unlisted Asset Claims

Henry E. Hildebrand, III

August 25, 2024

Once a Chapter 13 case is completed and the debtor receives a discharge, the trustee cannot seek to reopen the case for the purpose of grabbing an undisclosed, prepetition asset and then converting the case to a Chapter 7 so it could be administered.

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Do Not Despair: The Challenge of Declining Chapter 13 Caseloads

The NACTT Emeritus Trustees

October 20, 2024

We asked our NACTT Emeritus Trustees to comment on the troublesome trend of fewer chapter 13 case filings. Years of experience provides helpful insight for trustees and consumer bankruptcy attorneys.

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Bankruptcy Rules, New and Proposed

James M. Davis

December 8, 2024

The amendments to the Bankruptcy Rules that took effect on December 1, 2024, are primarily stylistic, but they do include a few substantive changes. More controversial changes are in the pipeline for December 2025, however, with significant changes to Rule 3002.1 proposed.

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From the Editor – Avoidance

September 22, 2019

By The Honorable William Houston Brown (Retired) Chapter 7 trustee’s avoidance of post-petition mortgage lien. After filing Chapter 7, the debtor, without prior authority, refinanced property of the estate twice and the trustee sought avoidance of the mortgage lien under § 549. No defense was available because the mortgagee did not qualify as a good faith transferee, having knowledge of...

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A Guide to the Small Business Reorganization Act of 2019 – Revised June 2022

Paul W. Bonapfel

November 9, 2022

Click here to see PDF – SBRA Guide June 2022 Compilation FINAL Click here to see PDF – SBRA May-June Supplement Final

Sixth Circuit Selects Douglas L. Lutz as Bankruptcy Judge for the Eastern District of Kentucky

The Academy

April 28, 2024

The Circuit Executive for the Sixth Circuit announces that the U.S. Court of Appeals for the Sixth Circuit has selected Douglas L. Lutz as Bankruptcy Judge for the Eastern District of Kentucky to fill the vacancy created by the retirement of Bankruptcy Judge Tracey N. Wise. He took the oath of office on April 19, 2024.

MEMORIAL DAY

The Academy

May 26, 2024

Sibling Rivalry: The Power of 11 USC § 363(h)

Michael B. Joseph

February 23, 2025

When siblings clash over inherited property or other co-owners get crosswise, § 363(h) provides a powerful tool to resolve disputes, force sales, and bring finality to long-standing family battles over ownership.

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Meet A New Twofer Trustee

The Academy

September 22, 2024

Lilian G. Tsang was appointed as Chapter 13 Standing Trustee for the Eastern District of California on September 1, 2023. Then, on January 1, 2024, Lilian took on the Fresno and Bakersfield divisions.

NCLC Seeks Signers Urging Foreclosure Pause When HAF Applied For

The Academy

January 16, 2022

NCLC seeking non-profit organizations to sign two letters (one to the CFPB and one to FHFA, FHA, VA, and USDA) urging the agencies to require servicers to pause foreclosure activity for at least 60 days after being notified that a borrower has applied for HAF assistance and meets conditional program eligibility. We ask organizations to sign both letters, and the...