NACTT 2024 Annual Roundtable

In July as part of the NACTT Annual Seminar, The Honorable Keith London, United States Bankruptcy Judge for the Middle District of Tennessee (retired), lead a discussion by experts in the field on AI and access to justice. This panel is an all-star cast and the video is free to all!!

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Carl L. Bekofske – When a Man Has Made His “Mark” and the Next Step Is Retirement…

Kathleen A. Leavitt

October 8, 2023

How do you acknowledge such an accomplished man; especially one who is also the consummate gentleman; a man of integrity; a community leader; the sharer of wisdom and knowledge? Of course, you list his impressive biographical accomplishments. But you also think about his influence on you and others in your circle. You reach out to those you know who were...

2024 Update: Federal Guidance on Discharging Student Loans in Bankruptcy IS a Game Changer

Tammy Branson, Robert B. Branson

May 12, 2024

The 2022 Justice Department and Department of Education collaboration introduced new bankruptcy guidelines, notably easing the "undue hardship" exception for discharging student loans, marking a departure from the stringent "Brunner Test" requirements. Here the Bransons give us a look at the progress being made in discharging student loans.

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ABI Commission on Consumer Bankruptcy – Remedies for Discharge Violation

May 12, 2019

By Henry E. Hildebrand, III, Chapter 13 Trustee (Nashville, TN) One of the principle goals of a consumer that chooses to file bankruptcy is to obtain a discharge under § 524. Despite its importance, however, there is much more legal discussion on the logistics and the process of automatic stay under § 362 that is in existence during the pendency...

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Foreclosure Sales as Fraudulent Transfers: Study Summary

Edward C. Boltz

June 9, 2024

Attorney Boltz shares a summary of a new study which looks at the Supreme Court ruling that noncollusive, regular foreclosure sales aren't voidable by a bankruptcy trustee, but collusive or irregular sales can be challenged by unsecured creditors, who can cloud the title if fraud is involved. The study explores when these sales can be avoided.

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New Trustee Named

The Academy

September 3, 2023

Tracy Updike of Harrisburg, Pennsylvania, has been named as a Chapter 13 Standing Trustee for the Northern District of Indiana. Updike will be filling the trusteeship vacated by Debra Miller when she accepted a trusteeship in the Eastern District of Tennessee.

Critical Case Comment – Fair Discrimination: A Win/Win

Henry E. Hildebrand, III

December 11, 2022

A Chapter 13 plan can be confirmed to pay a 100% dividend to unsecured creditors while maintaining payments to a student loan creditor as a long-term debt (which will not satisfy the student loan in the commitment period) without committing all available disposable income. (Mullin) In re Victoria Florita Durand-Day, 2022 WL 14938726 (Bankr. N.D. Tex. October 26, 2022) Case...

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Supreme Court Corner: Homestead vs. Lien

M. Jonathan Hayes

November 17, 2024

Issue: Does the bankruptcy discharge terminate the right of a secured creditor to foreclose its lien on the debtor’s exempt homestead?

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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...

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Chapter 13 Trustee Duties, Powers, And Limitations – Part 3

October 18, 2020

By James J. Robinson, Chief United States Bankruptcy Judge, Northern District of Alabama Can the trustee challenge the debtor’s attorney’s fee? In re Rodriguez Perez, 2018 WL 3655656 (Bankr. D.P.R. 2018). In this case, the chapter 13 trustee asked the bankruptcy court to assess the contract between the debtor and counsel under § 526-528. The trustee alleged that the contract...

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The Hanging Paragraph – Hanging on Every Word Part 2 of 4

June 21, 2020

By Anthony J. Gomez, CPA, former extern to the Honorable John P. Gustafson, Northern District of Ohio at Toledo III. Applying the Hanging Paragraph a. Application of the Hanging Paragraph – Timing of Debt In order for the hanging paragraph to apply, the debt must be secured by a purchase money security interest (“PMSI”) in either: 1) a motor vehicle...

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