Supreme Court Grants Cert

By Larry Foyle Kass Shuler, P.A., Tampa, Florida

The Supreme Court granted Certiorari petitions in two consolidated cases coming out of the 11th Circuit. Bank of Amer. v. Toledo-Cardona, 11th Cir. No. 14-163, and Bank of Amer. v. Caulkett, 11th Cir. No. 13-1421. The issues pertain to lien stripping in a Chapter 7 context. The 11th Circuit applied its Prior Panel Precedent Rule and was required to follow its Folendore decision from 1989 (a case that predates Dewsnup v. Timm 1992). The 11th Circuit determined in . . .

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Critical Case Comment

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By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN) Section 1328(i) requires the court to consider the discharge provisions of §§ 1328(a) through (h) and the fact that incomplete personal residence mortgage payments or a forbearance do not preclude but do not compel a COVID-19 Discharge. (Tighe) In re Ritter, 2021 WL 864092 (Bankr. C.D. Cal. March 5,...

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From the Editor – Claims

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Critical Case Comment – Present Value and Attorney’s Fees

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Critical Case Comment – You Might as Well Plan for the Wrecked Car

Henry E. Hildebrand, III

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Cathy Moran

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New Fellows of American College of Bankruptcy

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By William H. Brown, Editor and Advisor, Academy for Consumer Bankruptcy Education, Inc. (d/b/a ConsiderChapter13.org) Members of the Academy and regular speakers at NACTT’s annual seminars were recently elected as Fellows of the American College of Bankruptcy, representing recognition by the College of the important contributions by those in the consumer bankruptcy system. Newly elected Fellows, who are to be...