It’s Not the Trustee… It’s the Code - CORRECTION • NACTT Academy

It’s Not the Trustee… It’s the Code – CORRECTION

This is a very popular item from last week. HOWEVER, we accidentally reported a typo in the very last section. The correct Code Section is 521 (not 330). This has now been corrected on the website. If you printed this article for future reference, please re-print or make this correction.

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Ana V. De Villiers

Staff Attorney, Office of Laurie K. Weatherford, Chapter 13 Trustee (Orlando, FL)

Ana V. De Villiers joined the Chapter 13 Trustees Office in 2017 as a Staff Attorney. Prior to working with the Trustee, she represented Chapter 7 and Chapter 13 Debtors since 2005. Over those 12 years, she represented thousands of Debtors in both the Southern and Middle Districts of Florida. In addition to her bankruptcy experience, she spent her first 8 years of practice as a real estate attorney, dealing with all aspects of complex commercial transactions. She is an honors graduate of the University of Miami and the University of Florida College of Law. She is currently a member of the National Association of Chapter 13 Trustees, the Central Florida Bankruptcy Law Association, and the International Women’s Insolvency & Restructuring Confederation.

Senior Headaches Caused by Junior Liens: Lien Stripping Under § 522(f)

Arya Omshehe

August 10, 2025

BAPCPA introduced a new mathematical calculation to § 522(f) for use in determining the avoidance of judicial liens. When does this make a difference?

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Ninth Circuit BAP Says§ 523(a)(15) Includes §§ 523(a)(2), (4) and (6) in Chapter 7

M. Jonathan Hayes

January 28, 2024

Does § 523(a)(15) include claims by a spouse against the other spouse for fraud etc, i.e., §§ 523(a)(2), (4) and (6), in a chapter 7 case?

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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 5 of 5

August 11, 2019

By John P. Gustafson, United States Bankruptcy Judge, Northern District of Ohio, Western Division Click here for Part 1 Click here for Part 2

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2022 Bankruptcy Procedure Year in Review: Revised Statute and Rules and Selected Cases – Part 3 Rules Related to SBRA (Continued)

Lawrence R. Ahern, III

December 4, 2022

Introduction This series reviews developments in bankruptcy procedure during 2022. Amendments to 16 rules and new one new rule take effect December 1, 2022, absent Congressional action. Many reflect changes necessitated by the Small Business Reorganization Act of 2019 (SBRA),1 and have been in place in the same or similar form on an interim basis since that legislation took effect.

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Undersecured Short-Term Mortgages May be Crammed Down

September 8, 2019

By Angela M. Scolforo, Staff Attorney to Herbert L. Beskin, Chapter 13 Trustee (Charlottesville, VA) In Hurlburt v. Black,1 the en banc Fourth Circuit Court of Appeals overturned its prior decision in Witt,2 and held that Bankruptcy Code § 1322(c)(2) authorizes modification of some home mortgage loans through bifurcation and cram down. This enables debtors to cram down home mortgage...

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Purdue Pharma and Chapter 13 Codebtor Stays

Michael B. Joseph

July 28, 2024

Could it be that chapter 13 got it right? How does the recent United States Supreme Court holding in Harrington v. Purdue Pharma impact chapter 13 cases?

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Turnover by Motion? How About Under Rule 6008?

February 28, 2021

By Joseph A. Bledsoe, III (“Jody”), Chapter 13 Standing Trustee for the Eastern District of North Carolina (New Bern) In the aftermath of City of Chicago v. Fulton, discussions abound as to whether it is sufficient for a chapter 13 debtor to seek return of his vehicle, repossessed prepetition, via a motion for turnover. Most seem to believe a motion...

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A Guide to the Small Business Reorganization Act of 2019 – Revised June 2022

Paul W. Bonapfel

November 9, 2022

Click here to see PDF – SBRA Guide June 2022 Compilation FINAL Click here to see PDF – SBRA May-June Supplement Final

Fourth Circuit Examines Tenancy by Entirety

The Honorable William Houston Brown

May 19, 2024

The Fourth Circuit ruled that federal tax debts can affect one spouse's interest in such property, even if the debt isn't jointly held. They also clarified that the value of a debtor's share in this type of property isn't necessarily the fair market value of the whole property, but rather their interest in the tenancy.

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Procedural Enlargement of Claims Bar Date

Jitwan K. Floyd

June 2, 2024

Rule 3002 outlines requirements and offers remedies for untimely claims, giving bankruptcy judges discretion to grant relief. However, creditors should view these exceptions as corrective measures rather than substantial rights.

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