SCOTUS Cases Every Bankruptcy Lawyer Should Know – Part 4 of 8 • NACTT Academy

SCOTUS Cases Every Bankruptcy Lawyer Should Know – Part 4 of 8

In the continually evolving field of consumer bankruptcy law, a series of Supreme Court decisions shape how cases are administered nationwide. Over the coming weeks, 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: Dewsnup v. Timm; Marrama; Rash; and Till

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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.

The Complex World of Interspousal Claims in Bankruptcy

Cathy Moran

May 1, 2022

Traps and grey areas abound when one spouse files bankruptcy during or after a divorce. Inattention by the non-filing spouse can result in the bankruptcy discharge of spousal claims that might actually be nondischargeable. One of those traps involves the differing treatment in bankruptcy of debts to a former spouse incurred in the course of a divorce (Bankruptcy Code §523(a)15))...

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Getting to Know Bankruptcy Through a Different Lense: My Experience as an Intern for a Chapter 13 Trustee

Tarynn Grundy

August 25, 2024

“. . . , seeing the staff, debtor, and creditor attorneys in litigation was captivating. I was able to witness a few attorneys zealously advocate for their clients.”

Post-Petition Causes of Action, Inheritances and Windfalls Are Property of the Estate and Must Be Reported to the Trustee – Part 4 of 5

August 4, 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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Thoughts on the Law: Stay at the Crossroads – The Code of the Wild, Wild West?

February 23, 2020

By The Honorable John P. Gustafson, United States Bankruptcy Judge, Northern District of Ohio (Toledo) There are two legal battles going on that may end up being dysfunctionally related…. 1. What Happens If The Automatic Stay Is Not Extended In A “Second Case Pending Within One Year”? A split of authority has been percolating since 2005, involving the all too...

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Interns: Musings of a Chapter 13 Trustee

George M. Reiber

June 30, 2024

The NACTT's Inclusion and Acceptance Committee promotes Chapter 13 Trustee internships through the Tom Vaughn Memorial Internship Program, providing significant benefits to interns.

In re Buffington – Vehicle Ownership Was Not Bare Legal Title Nor Held in a Resulting Trust

Edward C. Boltz

September 7, 2025

An interesting case which, at its heart, addresses retail value. While written specifically for North Carolina practitioners, Boltz’s commentary will strike a chord for all readers.

Leaders Must Take Action to Halt Foreclosure Crisis for Minorities

August 23, 2020

NCLC’s Executive Director Rich Dubois and NAACP President and CEO Derrick Johnson are calling on Congress and federal regulators to take action to prevent an impending foreclosure crisis in communities of color, in an opinion editorial published yesterday in The Hill. The op-ed highlights how the cumulative impact of decades of housing policy discrimination on African American homeownership, coupled with...

Delinquent Utilities and Disconnection Under New Bankruptcy Provision

January 24, 2021

By Cathy Moran, Esq. (Redwood City, CA) Bankruptcy debtors with delinquent utility bills got a measure of protection from interruption in their service under an amendment to the Bankruptcy Code in the omnibus spending bill enacted December 27,2020. Individual debtors cannot have their utilities disconnected as long as they make some payment for service provided promptly after the commencement of...

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MEMORIAL DAY

The Academy

May 26, 2024

New Judge Appointed

The Academy

June 18, 2023

Appeals Court Names Erie Lawyer as Newest Bankruptcy Judge – John C. Melaragno has been named the new judge for the Erie Division of U.S. Bankruptcy Court for the Western District of Pennsylvania