From the Editor – Chapter 7 Issues • NACTT Academy

From the Editor – Chapter 7 Issues

By The Honorable William Houston Brown (Retired)

Means Test: Current monthly income includes pay earned in six-month look-back, even though received afterwards. Concluding that the date of receipt of pay was not determinative, § 101(10A)’s definition of current monthly income included pay that “derived” during the six months. Also, reviewing what other courts had held, the debtor’s prepetition wage garnishment was not a deductible expense, since the automatic stay prevented the garnishment from being an ongoing expense. And, the debtors’ monthly student loan payments were not a special circumstance rebutting the presumption . . .

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Critical Case Comment

July 25, 2021

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN) Are private educational student loans automatically excepted from discharge by § 523(a)(8). (Jacobs) Homaidan v. Sallie Mae, Inc., Navient Solutions, LLC, 2021 WL 2964217 (2nd Cir. July 15, 2021) Case Summary Hilal Homaidan received a number of educational loans to attend College. Shortly after graduation, he filed a Chapter...

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ZOOM – Instructions/Directions from the Office of Ronda Winnecour, Standing Chapter 13 Trustee*

April 26, 2020

(Items in italics have been added by Academy staff) . . . will be held virtually by ZOOM . . . Please visit our website at ch13pitt.com (this site has very detailed directions) for all of the details and instructions. A computer is not a necessity since ZOOM also allows participation by telephone (iphone, Android). Please visit the website before...

From the Editor – Plan Modification

March 21, 2021

By The Honorable William Houston Brown (Retired) For modification purposes, best interests test remains at petition date. In an examination of post-confirmation sale of the debtor’s home that yielded excess of homestead exemption, the Court concluded that the best-interests of creditors’ calculation was performed as of the petition date, rather than time of modification. Section 1329 does not provide a...

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Ms. Ps & Qs

Nancy B. Rapoport

May 15, 2022

Dear Readers: There are some basic truths. One is that when someone says, “hey, watch this!,” the result is likely to involve blood or stitches. Another is that, when an author describes something with the leadoff word, “interestingly,” it often isn’t. And a third is that one shouldn’t mislead bankruptcy judges. In two wonderfully written cases, bankruptcy judges made this...

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Small Business Chapter 11 Update, Where Are We Eight Months In?

November 22, 2020

By M. Jonathan Hayes We are now eight months into the Small Business Reorganization Act of 2019, which took effect in February. The act attempted to establish a cheaper, quicker route for small businesses to reorganize under new Subchapter V of the bankruptcy code. Here are a few of my observations over the past several months. First, some small businesses...

Critical Case Comment – Time is of the Essence

Henry E. Hildebrand, III

May 21, 2023

Chapter 13 plan cannot be modified to treat a priority claim as general unsecured after the time for reconsideration of the order has passed. (Easterbrook) Matter of Terrell, 39 F.4th 888 (7th Cir. July 12, 2022) Case Summary The Terrells’ Chapter 13 plan proposed a classification to pay the State of Wisconsin in full as a priority claim because, they...

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From the Editor – Discharge Injunction

March 14, 2021

By The Honorable William Houston Brown (Retired) Section 524(i) applies only to long-term debts not discharged through plan. Whether § 524(i) applied to short-term secured debts that are paid in full and discharged through a Chapter 13 plan was a matter of first impression, with the Court finding no other court had yet decided precise question. Factors used in Supreme...

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Motions to Extend or Impose the Automatic Stay

Erik P. Kimball

October 8, 2023

“In most cases, debtor’s counsel addresses only the argument that the debtor’s personal or financial affairs have substantially changed since dismissal of the preceding case.”

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Avoidance Powers in Chapter 13 – Part 4 of 6

January 20, 2019

By John P. Gustafson, United States Bankruptcy Judge, Northern District of Ohio, Western Division (Toledo, OH) Click here for Part 1 of 6 Click here for Part 2 of 6 Click here for Part 3 of 6

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