8th Circuit Kills SAVE Program Disallowing Loan Forgiveness

This decision will completely upend the income driven student loan landscape, impacting over 8 million student loan borrowers who were enrolled in those programs. The injunction also impacts Chapter 13.

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Scott Waterman

Chapter 13 Bankruptcy Trustee for the Eastern District of Pennsylvania

Scott F. Waterman, Esq. graduated from Tufts University in 1991 with a dual major in history and political science. He received his J.D. from Temple University School of Law in 1994. He is a Chapter 13 Standing Trustee for the Eastern District of Pennsylvania, and his office is located in Reading, Pennsylvania. He is a former Chair of the Eastern District of Pennsylvania Bankruptcy Conference and is a Fellow of the American College of Bankruptcy. He is the current Chair of the Student Loan Committee of the National Association of Chapter 13 Trustees, and is also a member of the National Association of Consumer Bankruptcy Attorneys and the Berks County Bar Association. Last year he served as Chair of the Bankruptcy Judge Merit Selection Committees for the Eastern District of Pennsylvania to which he was appointed by the United States Court of Appeals for the Third Circuit. In 2024 Mr. Waterman was appointed to be the Co-Chair of the Local Rules Advisory Committee of the United States Bankruptcy Court for the Eastern District of Pennsylvania. Mr. Waterman enjoys sailing, softball and bowling.

Subchapter V Update

Paul W. Bonapfel

December 8, 2024

The Honorable Paul W. Bonapfel, United States Bankruptcy Court for the Northern District of Georgia, produces an extensive outline on Subchapter V. This is a FREE resource and is freshly updated!! Thank you Judge Bonapfel!

Critical Case Comment – Objection to Entire Housing Allowance Overruled

Henry E. Hildebrand, III

March 3, 2024

This is a potential BIGGIE . . . Where a Chapter 13 debtor incurs one relatively small expense covered by the IRS Local Standards, the debtor is entitled to deduct from CMI the entire allowance to calculate Projected Disposable Income.

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From the Editor

March 17, 2019

By Wm. Houston Brown, United States Bankruptcy Judge (Retired) Confirmation - Bankruptcy court could not sua sponte object to confirmation. Distinguishing between “self-executing” provisions of the Code and those sections that were not “self-executing,” and discussing Espinosa’s impact on that distinction, District Court held that the bankruptcy court could not sua sponte object to confirmation based on the above- median...

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Some Federal Protections are Stronger Than Others – Sovereign Immunity, Criminal Restitution, and the Automatic Stay

Jeffrey S. Fraser

August 13, 2023

In this brief synopsis, Fraser compares Lac du Flambeauto a case from the Middle District Court of North Carolina and its connection to the automatic stay.

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Critical Case Comment – Pro Se Debtor Sanctioned

November 21, 2021

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of TN (Nashville) Where pro se debtors filed numerous groundless complaints and made specious allegations against their former counsel, sanctions under Rule 9011 were appropriate notwithstanding the fact that the debtors were now acting pro se. (Hopkins) In re Jones, 2021 WL 4168110 (Bankr. S.D. O.H., Sept....

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Important Research Survey

The Academy

December 10, 2023

As a professional in an occupation that may often interface with people handling life disruptions (e.g., divorce/separation, unemployment, mortgage foreclosure) you are being asked to participate in a study being conducted by the University of Southern California.

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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How to Manage Incompetent, Unprepared, and Unreasonable Creditor Bankruptcy Counsel

The NACTT Emeritus Trustees

March 19, 2023

Recently, the Emeritus Trustees (“ETC”) commented on “How to Manage Incompetent, Unprepared, and Negligent Bankruptcy Counsel”. We now turn to ETC to share their collective wisdom when addressing the issues raised by incompetent, unprepared and unreasonable creditor counsel. CREDITOR ATTORNEY REPRESENTATION ISSUES Several ETC Trustees list the following as problematical during their tenure. Attorney claims lack of authority from creditor...

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Interest Starts at Confirmation

Henry E. Hildebrand, III

February 2, 2025

The present value “interest” that must be paid on a secured claim in accordance with § 1325(a)(5)(B), as determined by Till, is to be paid from the effective date of the plan – confirmation – and not calculated from the date the plan was filed.

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Rebecca Rogers Garcia

February 10, 2019

Rebecca Rogers Garcia was a staff attorney for Mary B. Grossman, the Chapter 13 Trustee in Milwaukee from 2002 until November 2014. Prior to her employment with the Chapter 13 Trustee; she represented debtors in consumer cases. Ms. Garcia is on the board of the Bankruptcy, Insolvency and Creditors Rights Section of the State Bar of Wisconsin and a member...