SCOTUS Cases Every Bankruptcy Lawyer Should Know

In the continually evolving field of consumer bankruptcy law, a series of Supreme Court decisions shape how cases are administered nationwide. Over the coming months, we will highlight key decisions that every bankruptcy practitioner should recognize—both by name and by the issues they resolve. This week’s ‘memory work’ is: Ransom, Milavetz, and Espinosa.

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The Honorable John P. Gustafson

United States Bankruptcy Judge, Northern District of Ohio

John P. Gustafson was appointed United States Bankruptcy Judge for the Northern District of Ohio in April 2014. In his former life, he was a bankruptcy law clerk, an associate and partner in a law firm representing both debtors and creditors, a solo bankruptcy practitioner representing debtors, banks and trustees, the staff attorney to a Chapter 13 trustee, and from October 2007 to April 2014 he was the Standing Chapter 13 Trustee for the Northern District of Ohio, Western Division. Judge Gustafson regularly writes and speaks on a variety of bankruptcy issues.

Consumer Foreclosure Procedures

October 23, 2020

Travis Sasser

March 3, 2019

Travis Sasser practices bankruptcy law in Cary, North Carolina. He is a board certified specialist in Consumer Bankruptcy by the American Board of Certification and the North Carolina Board of Legal Specialization. He serves on the Bankruptcy Committee for the North Carolina Board of Legal Specialization. He is a member of ABI and NACBA. He graduated from the University of...

What the FICO? Reaffirming Doesn’t Help My Credit Score?

May 23, 2021

By The Honorable John P. Gustafson, United States Bankruptcy Judge, Northern District of Ohio (Toledo) Reaffirmation hearings during the pandemic have been difficult, at least for me. The economic risks for debtors are greater. There are uncertainties about the availability of credit, and the availability of suitable vehicles. Prices of used cars have gone up – with stimulus money pushing...

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From the Editor

March 31, 2019

By Wm. Houston Brown, United States Bankruptcy Judge (Retired) Debtor’s Attorney - Chapter 13 no-look fee subject to Hawai’i’s general excise tax. Construing the State’s excise tax, the Chapter 13 debtor’s attorney could not collect the required excise tax in addition to the agreed upon no-look fee. The district’s Rights and Responsibilities Agreement between debtor and attorney did not contain...

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Taxpayers with Expiring ITINs Should Renew Them Now

August 18, 2019

Taxpayers with expiring individual taxpayer identification numbers should renew their number ASAP. There are nearly 2 million ITINs set to expire at the end of 2019. Taxpayers with an expiring number should renew before the end of this year. This will help avoid unnecessary delays related to their tax refunds next year. ITINs are used by taxpayers required to file...

Critical Case Comment

September 20, 2020

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville) A Non-Governmental Private Student Loan Obligation is not always excepted from discharge by § 523(a)(8). (Holmes) McDaniel v. Navient Solutions, LLC, 2020 WL 5104560 (August 31, 2020) Case Summary Bryon and Laura McDaniel filed a Chapter 13 petition in 2009. They acknowledged that, among...

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Accruing Interest: Date of Filing vs. Confirmation

Robert G. Drummond

April 6, 2025

In this case, the E.D. of Wisconsin tackled when interest begins to accrue.

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Reaffirmations Impose Impossible Demands on Bankruptcy Counsel

February 28, 2021

By Cathy Moran, Esq. (Redwood City, CA) When BAPCA gutted the ipso facto clause, reaffirmation was left as the only way a debtor could be assured of retaining his wheels. Car lenders took sides back then, then changed sides, on whether they would automatically repossess a vehicle when the debt was not reaffirmed. Some wanted the in terrorem effect of...

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Chapter 13 No-Look Fees

The NACTT Emeritus Trustees

December 10, 2023

As a follow-up to The Academy’s December 3, 2023, issue, three Emeritus Trustees weighed in. Last week’s issue included Cathy Moran’s Chapter 13 NoLook Fees: The Horns of a Dilemma and Trustee Hildebrand’s You Gotta Fix Your Own Screw-ups, On Your Own Dime. You may also want to take note of the comments on each article and add your own.

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How to Effectively Handle a Difficult Debtor

The NACTT Emeritus Trustees

June 9, 2024

This is a GREAT resource everyone should read! “Sometimes the trustee’s office must deal with a difficult debtor. . . . All trustees know — or should know — that skilled debtors’ lawyers are our best allies.”

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