Expiration of Debt Limits

Welp, it doesn’t look like Congress is going to act . . .

As you know, Congress temporarily raised the debt limits for Subchapter V and Chapter 13 debtors. These increased debt limits are set to expire on Friday, June 21, 2024. Without further action by Congress, for Chapter 13 filers, the combined unsecured and secured debt limit will fall from $2.75 million to $465,275 for unsecured debt and $1,395,875 for secured debt.The debt limit for Subchapter V debtors will decrease back to $3,024,725.

The Academy

Consumer Bankruptcy Education

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

Revved Up and Ready to Go But Not Good Faith

Henry E. Hildebrand, III

August 4, 2024

Just because a Chapter 13 plan satisfies the disposable income test does not mean it passes the good faith test particularly if luxury items are involved.

Members

Artificial Intelligence in Bankruptcy Law: A Modern Legal Frontier

Stephen F. Relyea, Todd Rich

July 28, 2024

Artificial intelligence (AI) has become a transformative force across various industries, including legal practice, where it offers numerous advantages and some challenges. This article explores the different types of AI, its potential uses in bankruptcy law, and the necessary precautions attorneys must take to avoid ethical pitfalls.

Members

Tenancy by the Entireties and the § 522(f) Calculation

James M. Davis

February 25, 2024

“Over the years courts have struggled to apply the lien-avoidance provisions under § 522(f) to jointly owned property. . . .Things get even more confusing when the debtor owns property as a tenancy by the entireties. That antiquated form of ownership has odd characteristics that do not fit well into the § 522(f) calculation.”

Members

Rule 12(b)(1) Dismissal

Tara Trevorrow

April 7, 2024

This article looks at Rule 12(b)(1) by presenting a three-question test synthesizing decades of Eleventh Circuit case law.

Members

Taxpayers Should Beware of Property Lien Scam

October 6, 2019

With scam artists hard at work all year, taxpayers should watch for new versions of tax-related scams. One such scam involves fake property liens. It threatens taxpayers with a tax bill from a fictional government agency. Here are some details about the property lien scam that will help taxpayers recognize it: This scheme involves a letter threatening an IRS lien...

Certiorai Denied in Evans and Doll

The Honorable William Houston Brown

February 25, 2024

Second Circuit case still pending.

Members

IRS Updates Guidance for Deductible Business, Charitable, Medical and Moving Expenses

November 17, 2019

11/14/19, the IRS issued guidance for taxpayers with certain deductible expenses to reflect changes resulting from the Tax Cuts and Jobs Act (TCJA). Revenue Procedure 2019-46, posted today on IRS.gov, updates the rules for using the optional standard mileage rates in computing the deductible costs of operating an automobile for business, charitable, medical or moving expense purposes. The guidance also...

FROM THE ARCHIVES: If You’re Gonna Bet the Farm, Maybe Play Against the House

Danielle N. Gueck-Townsend

December 3, 2023

Attorney Gueck-Townsend provides readers with a primer on evidence needed to prove losses.

Members

Consumer Foreclosure Procedures

October 23, 2020

Critical Case Comment

March 28, 2021

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN) Section 1328(i) requires the court to consider the discharge provisions of §§ 1328(a) through (h) and the fact that incomplete personal residence mortgage payments or a forbearance do not preclude but do not compel a COVID-19 Discharge. (Tighe) In re Ritter, 2021 WL 864092 (Bankr. C.D. Cal. March 5,...

Members