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Consumer Bankruptcy Education

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

Claim Preclusion and the Opportunities for Mischief

Cathy Moran

March 27, 2022

I’ve been having nightmares about the 9th Circuit’s decision in Siegel for 20 years. Broad strokes, Siegel (143 F.3d 525 (9th Cir. 1998) holds that a filed claim in a no asset bankruptcy case to which no one objects is entitled to preclusive effect in subsequent litigation by . . . It looks like you are not signed in or...

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Chapter 7 Trustee Compensation for Uncovered Equity

Henry E. Hildebrand, III

July 21, 2024

When a Chapter 7 trustee discovers non-exempt, undisclosed equity in the debtor’s property, the Chapter 7 trustee is entitled to be compensated in the case based upon the hours actually performed by the trustee in a lodestar method as an administrative expense when the case is converted to Chapter 13.

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A Practical Approach to Using Bankruptcy Rules Effectively – Part 4

Beverly M. Burden

March 2, 2025

As of December 1, 2024, an adversary is no longer required to recover a car repossessed prepetition or is otherwise being held by a third party. Rule 7001(a) now excludes from the definition of an adversary “a proceeding by an individual debtor to recover tangible personal property under § 542(a).”

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ABI Commission on Consumer Bankruptcy – Judicial Estoppel

June 30, 2019

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN) Over the past twenty years, the judicial estoppel doctrine has had a significant impact on people who file bankruptcy. Judicial estoppel has grown to be a significant issue within the consumer bankruptcy system. The Commission was asked to address it. Judicial estoppel is a doctrine created to protect the...

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Between the 1st and the 15th: Is Mortgage Current?

Cathy Moran

May 7, 2023

The no man’s land between the mortgage due date and late payment is a persistent trouble spot for Chapter 13 practitioners. For example, are there arrears when the case is filed during the grace period and the payment made before it was late? In Borre, Judge Ronald Sargis of ED CA said no. He held that the payment was not...

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Delaware Trustee Michael Joseph to Retire

Paul Chael

March 13, 2022

The debtors will miss him. The creditors will miss him. Even more, his colleagues will miss him. Michael Joseph has served as the Chapter 13 Trustee in Delaware since 1987. He is retiring March 31, 2022. He has served with competence and excellence. The debtors will miss him because he treated them with dignity and compassion. The creditors knew they...

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Critical Case Comment

June 14, 2020

By Henry E. Hildebrand, III, Chapter 13 Trustee (Nashville, TN) Chapter 13 debtor may exclude from disposable income amounts projected to be paid to an employer sponsored 401(k) where such payments are consistent with pre-filing contributions made to the retirement account. Davis v. Helbling, 2020 WL 2831172 (6th Cir. June 1, 2020) (Larsen) Case Summary In 2017, Camille Davis filed...

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The VA Loan Trap: Broken Promises and New Hurdles for Veterans

Roberto Rivera

November 17, 2024

“The VA created a program to capture missed payments and "put them to the end of the loan," but they eliminated it. . . . Many Veterans were forced to accept loan modifications that increased their payments. Those who didn't accept or were denied modifications were promised a new program, VASP.”

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Bozeman Revisited: The Anti-Modification Clause Chisels Away at Espinosa

Herbert L. Beskin

July 16, 2023

Remember Mort. Corp. of the South v. Bozeman (In re Bozeman), 57 F. 4th 895 (11th Cir. 2023)? That was the recent 11th Circuit case previously reviewed by Lawrence Ahern on this site. It was the Chapter 13 version of The Perfect Storm. The Debtor proposed to pay the principal balance of her mortgage ($17 . . . It looks...

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Negotiating Plan Confirmation with Secured Creditors – Issues Involving Balloon Payments and Other Mortgage Loans Subject to Modification Under § 1322(c) – Part 3

November 22, 2020

By David Cox,1 Cox Law Group, PLLC (Lynchburg, VA) III. Providing for the Secured Mortgage Claim, as Modified. A. Does the requirement of § 1325(a)(5)(B)(iii) for equal monthly payments permit the Debtor to propose a balloon payment in the payment of the creditor’s claim? Equal Monthly Payments Required By § 1325(a)(5)(B)(iii) Does NOT Permit Debtor To Propose A Balloon Payment....

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