I Was Just Following Orders

Tom Waldron, former bankruptcy judge and initial Advisor to the NACTT Academy.

Both on the world stage and in local courtrooms, the words “I was just following orders” have a hollow ring and fail to provide an acceptable defense for unacceptable actions or, quite frequently, failures to act.

An example of this ineffective defense is found in Judge Bruce Markell’s decision, In re Martinez, 2008 WL 3155034 (Bankr. D. Nev).

A detailed factual recitation is not necessary for this article. The undisputed facts established that the chapter 13 debtors intended to keep house A and surrender house . . .

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By The Honorable John P. Gustafson Can a creditor refuse to do business with a debtor, or is such refusal a violation of the automatic stay? The case of Brown v. Penn State Employees Credit Union, 851 F.2d 81 (3rd Cir. 1988) held that a credit union’s refusal to continue to do business with a debtor who caused a loss...

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Avoidance Powers In Chapter 13 – Part 3 of 6

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Meet a New Trustee

The Academy

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The “Snapshot” Rule – Part 2: When is the Rule Not Determinative?

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By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN) Introduction We saw in Part 1 that the circuits are falling in line to follow the "snapshot" rule, fixing the debtor's exemption rights as of the date of the petition and finding support in both the Code and recent Supreme Court jurisprudence. As the First Circuit put it . ....

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From the Editor – Curing Default

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By The Honorable William Houston Brown (Retired) Debtor could cure default beyond 60 months. Agreeing with In re Klaas, 858 F.3d 820 (3d Cir. 2017), bankruptcy court had discretion to permit debtors to cure plan default, allowing a reasonable grace period beyond the 60 months of confirmed plan. Dismissal of the case for plan default was not required under §...

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From the Archives

Debbie Langehennig

December 31, 2023

From the archives is a expansive piece on 3002.1.

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