The Valuation Problem Under § 1325(a)(4)

“The U.S. Supreme Court has remarked that “[v]alue is a word of many meanings.” This is particularly true in bankruptcy, where the concept of value comes up repeatedly throughout the Bankruptcy Code, but “value,” with few exceptions, is not defined.”

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Brittani Bushman

Judicial Law Clerk to the Hon. John T. Gregg, United States Bankruptcy Court for the Western District of Michigan

Brittani Bushman is a judicial law clerk to the Hon. John T. Gregg in the United States Bankruptcy Court for the Western District of Michigan. She received her J.D. from Albany Law School and obtained an undergraduate degree in Family, Consumer and Human Development, with an emphasis in Family Finance from Utah State University. Ms. Bushman passed the July 2021 Uniform Bar Exam and her application for bar admission is pending.

While in law school, Ms. Bushman was a judicial extern for Judges Kevin R. Anderson,William T. Thurman, and Joel T. Marker at the United States Bankruptcy Court for the District of Utah, an intern at the United States Trustee office in Albany, New York, and a law clerk for Chapter 7 Trustee Marc Ehrlich in Troy, New York. She also received the prestigious Distinguished Bankruptcy Law Student Award for the Second Circuit from the American College of Bankruptcy.

Prior to law school, Brittani worked as a personal financial counselor and educator, where she advised numerous individuals and families on their financial circumstances and often helped her clients get out of debt, improve their credit, or evaluate the benefits of bankruptcy. This experience led Ms. Bushman to her interest in bankruptcy law.

Critical Case Comment – A Mixed Bag of Inheritance

Henry E. Hildebrand, III

June 18, 2023

When a debtor fails to disclose a post-petition asset as required by Local Rule and the terms of her plan, the trustee may seek a modification of the plan notwithstanding the expiration of the applicable commitment period; the best interest of creditors test applies only at commencement of the case and not to a plan modification; a trustee’s motion to...

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Critical Case Comment

July 26, 2020

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville) Chapter 13 debtor may include a provision in the Chapter 13 plan that only estimates the duration of the plan and, absent an objection, such provision would cause the debtor’s plan to terminate and the debtor receive a discharge when the claims have been...

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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...

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Remember, Landlords Are Sacred Cows in Bankruptcy

June 27, 2021

By M. Jonathan Hayes, Resnik Hayes Moradi LLP (Los Angeles, CA) (Reprinted with permission. Originally published by the Los Angeles Daily Journal on May 20, 2021) We have been getting a lot of calls recently as you might expect from distressed small businesses. The “free” government money is starting to run out and panic is setting in. The potential client...

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Don’t Bank on Withdrawal

Cathy Moran

June 23, 2024

What do you know about FRBP 7041? Maybe younever gave it much thought. Here, Atty Moran shares her encounter with the rule which ended up at the 9th Circuit. She concluded that the “Withdraw” event on ECF enabled a trap for the unwary counsel and court.

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From the Editor

September 27, 2020

By The Honorable William Houston Brown (Retired) Disgorgement of fees for nondisclosure. The Tenth Circuit held that the “default sanction” for an attorney’s failure to satisfy disclosure obligation is full disgorgement of fees paid. While full disgorgement may not be required in particular circumstances, the “default sanction” principle required reversal and remand. The bankruptcy court, affirmed by the BAP, had...

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Critical Case Comment – Watch for Opportunities to Bifurcate Home Mortgage Claims

Henry E. Hildebrand, III

August 21, 2022

Where a Chapter 13 plan treats a claim as secured only by the debtor’s mobile home under § 506 and not real property, the effect of a notice of fees, costs and charges is irrelevant. (Coleman) In re White, 2022 WL 2826531 (Bankr. S.D. Ga. July 19, 2022) Case Summary Shalonda White filed a Chapter 13 petition in July of...

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Electronic Filing Scam Targets Attorneys – NEW INFORMATION

The Academy

November 10, 2024

You may have seen notices that courts across the country have received reports of suspicious emails going to attorneys and law firms purporting to be NEFs. These emails are fraudulent and did not come from the Court. Please do not click on any links or files contained within these emails. Please note that a few courts have reported the phishing emails...

Senior Headaches Caused by Junior Liens: Lien Stripping Under § 522(f)

Arya Omshehe, The Honorable John P. Gustafson

October 13, 2024

“In evaluating lien avoidance, we often default to the most common scenario: a first mortgage, perhaps a second mortgage, and the debtor’s homestead exemption. The question then becomes, is the total of these obligations more than the value of the property? If so, the judicial liens are avoided. If not, the judicial liens are either partially avoidable or fully secured.But that’s not quite how it works.” What a treat!!!! With no tricks. Judge Gustafson and Law Clerk Omshehe bring subscribers an in-depth look at the sexy topic of stripping.

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Kellner Retires

September 29, 2019

By Academy Staff Jeffrey M. Kellner graduated from THE Ohio State University in 1975. Between then and entering law school, Jeff worked in Montana for the park service. He graduated from Capital University College of Law in 1985. After law school, he worked for two years as a law clerk for Judge Calhoun in Columbus, OH. He then went to...