From the Editor - Conversion and Dismissal • NACTT Academy

From the Editor – Conversion and Dismissal

By The Honorable William Houston Brown (Retired)

Failure to take steps to alter lavish lifestyle was cause for dismissal. An arbitration award of $568,568 had been entered against the husband and after that award, he and his wife spent thousands on inessential consumer goods and services. When Chapter 7 was filed, the arbitration creditor, the husband’s former employer, moved for dismissal under § 707(a) and (b), and the case was dismissed under § 707(a). The Seventh Circuit rejected the debtors’ argument that “for cause” under § 707(a) is limited to procedural defects in the . . .

It looks like you are not signed in or registered! This content is only available to members.

Or Sign In Below:

No Author Biography has been linked to this Article.

Inclusion in Bankruptcy Doesn’t Equal “Discharged”

Cathy Moran

February 11, 2024

Communications Practice Pointer! Convincing clients that all of their debts must be included in bankruptcy is one of the hardest parts of being a bankruptcy lawyer. Communicating clearly with our clients, in their language, is a key part of our job. The struggle often seems Herculean.

Members

CFPB Settles with Student CU Connect CUSO Over ITT Private Loan Program

June 16, 2019

On 6/14/19, the CFPB (Bureau) announced a settlement with Student CU Connect CUSO, LLC (CUSO), a company set up to hold and manage private loans for students at ITT Technical Institute. The Bureau filed a complaint and a proposed stipulated judgment in federal district court for the Southern District of Indiana alleging that CUSO provided substantial assistance to ITT Educational...

Negotiating Plan Confirmation with Secured Creditors – Issues Involving Balloon Payments and Other Mortgage Loans Subject to Modification Under § 1322(c) – Part 3

November 22, 2020

By David Cox,1 Cox Law Group, PLLC (Lynchburg, VA) III. Providing for the Secured Mortgage Claim, as Modified. A. Does the requirement of § 1325(a)(5)(B)(iii) for equal monthly payments permit the Debtor to propose a balloon payment in the payment of the creditor’s claim? Equal Monthly Payments Required By § 1325(a)(5)(B)(iii) Does NOT Permit Debtor To Propose A Balloon Payment....

Members

From the Editor – Claims

June 21, 2020

By The Honorable William Houston Brown (Retired) Portion of divorce award was priority domestic support claim and portion dischargeable unsecured claim. Applying Third Circuit’s factors from In re Gianakas, 917 F.2d 759 (3d Cir. 1990), and considering special master’s intent in divorce proceedings, one-third of former spouse’s claim was priority domestic support but two- thirds was reclassified as general unsecured...

Members

From the Editor – Dismissal

August 2, 2020

By The Honorable William Houston Brown (Retired) Marijuana connection required case dismissal. The Chapter 13 debtors owned interests in an entity that was engaged in litigation to recover damages for breach of contract related to growing and selling marijuana, and this connection required dismissal of the case. Continuing administration of the case “would likely require the trustee or the court...

Members

9th Circuit BAP: Actually, Absolute Right to Dismiss Means Absolute

Hale Andrew Antico

January 29, 2023

Ninth Circuit Bankruptcy Appellate Panel finds no “eligibility” exception to right to dismiss a Chapter 13 bankruptcy Powell vs TICO Construction (In re Powell) 644 B.R. 181 (9th Circuit BAP, 2022) ISSUE Did the bankruptcy court err in granting Debtor’s motion to dismiss the Chapter 13? RULING No. FACTS This case tests the new “absolute right to dismiss” rule about...

Members

Critical Case Comment – And There is Also Blanco

October 31, 2021

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville) Rule 3002.1 gives the Bankruptcy Court authority to impose sanctions, including punitive sanctions, as part of the rules-granted authority to award “other appropriate relief.” (Rodriguez) Blanco v. Bayview Loan Servicing LLC (In re Blanco), 2021 WL 4190170 (Bankr. S.D. Tex. September 14, 2021) Case...

Members

Jan M. Sensenich

February 10, 2019

Jan M. Sensenich graduated from Windham College in Putney, Vermont in 1978 and Vermont Law School in 1983. He served as Core Faculty Member and Director of the Woodbury College Legal Clinic from 1983 to 1987and from 1990 to 1992. Jan was an Associate with Jerome I. Meyers, P.C. from 1987 to 1990 when he opened his own practice concentrating...

From the Editor – Lien Issues

September 15, 2019

By The Honorable William Houston Brown (Retired) Legal rate of interest applies after foreclosure judgment. Applying New Jersey common law on merger, the mortgage was merged into a final order of judgment of foreclosure; therefore, the mortgage was no longer the basis for determining post- judgment interest. The debtor obtained a sale from which the mortgage creditor would be paid,...

Members

The Bankruptcy Moot Court Experience – Duberstein 2019

August 25, 2019

By Cameron Kelly & Michael Carroll, Law Students, The University of Texas School of Law I. Starting the Journey Instead of starting class by cold-calling people, Professor Westbrook chose to suspend my terror briefly. While I was thankful for the reprieve from what would inevitably be a disappointing cold call, I was more thankful for what he had to say....