From the Editor

From the Editor – Property of Estate and Exemptions

By The Honorable William Houston Brown (Retired)

Spendthrift trust was invalid under state law. Analyzing § 541(c)(2), the Chapter 7 debtor’s interest in a spendthrift trust was property of the estate and could be administered by the trustee. The provisions of the trust were found to be unenforceable as a violation of public policy under Michigan law. Kohut v. Lewiston Living Trust (In re Lewiston), B.R., 2015 WL 3894609 (Bankr. E.D. Mich. June 24, 2015).

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The Honorable William Houston Brown retired in 2006 as a United States Bankruptcy Judge . . .

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September 20, 2020

By The Honorable William Houston Brown (Retired) Debt buyer was debt collector under FDCPA. The Ninth Circuit agreed with the Third Circuit that an entity purchasing consumer debts qualified as a debt collector under the Act, 15 U.S.C. § 1692(a)(6), even though it outsourced the actual debt collection activity. McAdory v. M.N.S. & Assoc., LLC, 952 F.3d 1089 (9th Cir....

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Travis Sasser

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Travis Sasser practices bankruptcy law in Cary, North Carolina. He is a board certified specialist in Consumer Bankruptcy by the American Board of Certification and the North Carolina Board of Legal Specialization. He serves on the Bankruptcy Committee for the North Carolina Board of Legal Specialization. He is a member of ABI and NACBA. He graduated from the University of...

Bankruptcy Intersecting with Tevis Equals Malpractice Claim

Nicole P. Novak

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A New Jersey attorney is the subject of a legal malpractice complaint for allegedly failing to properly preserve a marital tort claim as an exception to discharge. Asma J. Warsi v. Adrian J. Johnson (Case No. MID-L-001023-22, Super. Ct. of N.J., Middlesex County); In re Chaundry, 569 B.R. 372 (Bankr. D. N.J. 2017). In Chaundry, Creditor Wife had a marital...

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Conflicting Interpretations: A Chapter 13 Trustee’s Compensation After Pre-Confirmation Dismissal or Conversion*Part 1 of 3

Brittani Bushman

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(Used with expressed permission from the MI Bankruptcy Journal and the Steven W. Rhodes Consumer Bankruptcy Conference) I. Introduction Although the Bankruptcy Code has been around for decades, bankruptcy courts continue to be faced with significant disputes regarding the interpretation of its provisions. An emerging issue that has gained traction in recent years involves the compensation of a chapter 13...

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I Feel A Change Coming On (Song by Bob Dylan, 1964)

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Put Me In Coach, I’m Ready To Play

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You may recognize the title of this article as being the chorus line from the John Fogerty song entitled, “Centerfield.” The song is about a baseball player ready to enter the game. We are at the mid-point of the Major League Baseball season. Coaches will be instructing and motivating their teams in hopes of winning games and eventually winning the...

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Meet a New Trustee

The Academy

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(Yep, there are lots of them right now!!) Jennifer K. Cruseturner currently serves as a Chapter 13 Standing Trustee in the Western District of Tennessee, Western Division. After an extended retirement process for George Stevenson (he never could do anything in ‘normal’ fashion!), Jennifer was appointed as Stevenson’s successor on May 1, 2023. Jennifer graduated from Newcomb College of...

From the Editor – Plan Modification

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Engaging a Non-Profit to Solve the Chapter 13 Trustees PSLF Conundrum

March 8, 2020

By Ed Boltz, The Law Offices of John T. Orcutt, P.C. (Durham, NC) and Sarah Beth Withers, Inner Banks Legal Services (Washington, NC) DISCLAIMER: This article is not meant to provide specific advice about the formation of a 501(c)(3) non-profit corporation or the tax or other consequences of such. At most, this is intended to encourage Chapter 13 trustees and...

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Assessing the Ailing Business Post Pandemic

June 28, 2020

By Cathy Moran, Esq. (Redwood City, CA) Long after the human patients recover from the coronavirus, small businesses will still be ailing. And long nights will be spent deciding whether to try to stay in business. As bankruptcy lawyers, we’re going to see people in pain trying to assess what to do next. Business owners may see the exit heading...

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From the Editor – Property of Estate and Exemptions

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From the Editor

Travis Sasser

Bankruptcy Intersecting with Tevis Equals Malpractice Claim

Conflicting Interpretations: A Chapter 13 Trustee’s Compensation After Pre-Confirmation Dismissal or Conversion*Part 1 of 3

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