Post-Confirmation Inheritance Included in Chapter 13 Bankruptcy Estate

By Ansley Owens, Contributing Writer and Intern for the NACTT Academy (Nashville, TN)

If a Chapter 13 Debtor receives an inheritance during a Chapter 13 bankruptcy case, the property creates a problem for the debtor if the asset is part of the bankruptcy estate, since the trustee would have jurisdiction over the property.

Suppose a Chapter 13 Debtor inherited 50% of a property in 2013 that will sell with escrow tomorrow. Of the $200,000 he would realize from the sale, the debtor will get $140,000 after accounting for capital gains of 30%. The Chapter 13 Debtor . . .

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A Lasting Impact: My Participation in the Tom Vaughn Memorial Internship Program

Queneshia Fleming

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I am delighted to be in the inaugural class of the Tom Vaughn Memorial Internship Program for Sylvia Ford Brown, Chapter 13 Standing Trustee for the Western District of Tennessee in Memphis. I truly feel that this internship has been invaluable to the furtherance of my career and the expansion of my knowledge of bankruptcy. I. A Little About Me...

From the Editor

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By Wm. Houston Brown, United States Bankruptcy Judge (Retired) Discharge - Paying more than original loan balance would be undue hardship. The 59-year old debtor employed in aging and disability services couldn’t maintain a minimal living standard without discharge of substantial portion of student loan debt. The Court identified factors included in “minimal standards” in modern American society and found...

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2022 Bankruptcy Procedure Year in Review: Revised Statute and Rules and Selected Cases Part 5 – Supreme Court Activity

Lawrence R. Ahern, III

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Henry E. Hildebrand, III

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Honorable Brian D. Lynch

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“The problem in the past for student loan borrowers in bankruptcy has been that hardship discharge litigation has been complex, expensive and arbitrary. . . . The new guidance has simplified the process.”

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Nancy B. Rapoport

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Dear Readers: We are all working at what feels like the speed of light these days. (And if we’re not, then we’re upset that work is too slow. Yes, we feel like Goldilocks—work’s either too busy or not busy enough.) But the wonderful Regina has asked me a question that often relates to someone hitting “send” too soon: “When opposing...

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Elizabeth Vaughan

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Helen Morris, the Standing Chapter 13 and 12 Trustee for West Virginia is retiring at the end of this fiscal year. I first met Helen over lunch at NACTT, where we chatted about a non-legal interest we both share, writing fiction. I was delighted to discover, then as now, a friend with a razor wit, a wicked sense of humor...

Important Research Survey

The Academy

December 10, 2023

As a professional in an occupation that may often interface with people handling life disruptions (e.g., divorce/separation, unemployment, mortgage foreclosure) you are being asked to participate in a study being conducted by the University of Southern California.