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The Academy and NACTT are pleased to announce the dates for the 61st Annual Conference in New York City on WEDNESDAY thru FRIDAY, July 8-10. Pre-conference meetings will be held on TUESDAY, July 7th – yep, we will finish with a full day of sessions on FRIDAY! Mark your calendar NOW!

Consumer Bankruptcy Education

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Consumer Bankruptcy Education

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Summary: Brittner filed an adversary proceeding against Beach Anesthesia alleging violations of the automatic stay, but the bankruptcy court (affirmed by the district court) held that she had either failed to establish actual damages or to mitigate damages. The Court of Appeals held that that Brittner needed to satisfy a five-part test to establish a violation of the automatic stay:  (1) that a bankruptcy...
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Senior Headaches Caused by Junior Liens: Lien Stripping Under § 522(f)

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“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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Post-Petition Causes of Action, Inheritances and Windfalls Are Property of the Estate and Must Be Reported to the Trustee – Part 2 of 5

July 21, 2019
By John P. Gustafson, United States Bankruptcy Judge, Northern District of Ohio, Western Division Click here for Part 1 B. The Duty To Disclose Post-Petition Causes Of Action. 1. The Waldron Decision. The 11th Circuit Court of Appeals considered the issue of whether or not a post-petition cause of action is . . . It looks like you are not...
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Rule 3002.1, Contempt and Sanctions – How a Lender Can Create a Mess

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The facts in In re DeWitt, 2022 WL 4588320 (Bankr. S.D. Ohio 2022), are a bit “unusual”. Debtor filed Chapter 13 to reinstate her mortgage. The mortgage was “non-escrowed” and Debtor was required to pay property taxes directly. Surprisingly, she did not pay her property taxes. The first time, the Lender paid the property taxes but decided not to pursue...
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Is That AI in Your Inbox or Are You Just Happy to Paste Me?

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“Remember when humans used to write their own content? Yeah, me neither. Now we're stuck reading emails, posts, and articles clearly pumped straight out of ChatGPT with zero editing…and horrible formatting.”
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Fulton’s Aftermath – What Do Chapter 13 Practitioners Need To Know?

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By Nathan E. Curtis and Peter Francis Geraci, Geraci Law L.L.C. Debtors who are not current on mortgage or vehicle payments may file for Chapter 13 relief and propose to cure arrears, and force creditors to accept future payments. Mortgage creditors must give multiple notices before taking real estate away from a debtor, but vehicle creditors are allowed to repossess...
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2019 Legislation Affecting Bankruptcy Practice

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By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN) PART I Overview Introduction Four bankruptcy-related bills have been passed by both the House and the Senate this term. The legislation was sent to the President for signature on August 13, 2019.1 The bills were not controversial and had bipartisan support. The legislation affects both business and consumer cases. One...
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ABI Commission on Consumer Bankruptcy – Collateral Repossessed Pre-Petition

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By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN) One of the most difficult situations faced by a debtor and debtors’ counsel is the repossession of important collateral securing a debt owed to a creditor. These items, such as automobiles, furniture, boats, and mowers which have been pledged to a creditor are important – often critical – to...
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A Practical Approach to Using Bankruptcy Rules Effectively – Part 3

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This third article could be subtitled: “Uh-Oh! I Can’t Meet (or I Missed) a Deadline.” Setting deadlines is a critical component of any set of procedural rules. Practitioners must be aware of not only when and how a deadline can be extended, but WHETHER a deadline can be extended.
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