Exempt/Non-Exempt Employees, Law Firms, And Chapter 13 Bankruptcy

By Phil Lamos, Chief Legal Counsel, Office of the Chapter 13 Trustee Craig Shopneck (Cleveland, OH)

On December 1, 2016 new rules will go into effect governing who is entitled to overtime pay under the Fair Labor Standards Act. These rules will change the amount an employee can earn before they can be considered exempt and thus not entitled to overtime pay.

There are a variety of tests to determine if an employee can be considered exempt. One of these tests is the “standard salary” test; an employee who earns a salary below a certain level . . .

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A Day in the Life of a Chapter 13 Trustee

May 12, 2019

By Margaret A. Burks, Esq., Chapter 13 Trustee (Cincinnati, OH) I was recently asked to expound on a “Day in the Life of a Chapter 13 Trustee.” Then Regina (Logsdon, Executive Director of ConsiderChapter13.org) asked me to write an article for the Academy. I believe in fate so here goes. Please see ‘Effective Communication Guide.’ It came out about four...

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Two More Things Trustees Should Know About the Small Business Reorganization Act of 2019

October 27, 2019

By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN) Part IV Two More Things Trustees Should Know About the Small Business Reorganization Act of 2019 Introduction Four bankruptcy-related bills were enacted during the 116th Congress and signed into law on August 23, 2019.1 The legislation affected both business and consumer cases. One bill, the Small Business Reorganization Act of...

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From the Editor

March 17, 2019

By Wm. Houston Brown, United States Bankruptcy Judge (Retired) Confirmation - Bankruptcy court could not sua sponte object to confirmation. Distinguishing between “self-executing” provisions of the Code and those sections that were not “self-executing,” and discussing Espinosa’s impact on that distinction, District Court held that the bankruptcy court could not sua sponte object to confirmation based on the above- median...

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Just the Facts, Ma’am – Consolidated Appropriations Act, December 27, 2020

January 10, 2021

By The Honorable William Houston Brown (Retired) This legislation includes several bankruptcy-related provisions, in addition to government funding and other COVID relief. Consumer bankruptcy issues are addressed in Title X of the Act, section 1001, which amends Bankruptcy Code § 541(b)’s exclusions from property of the estate, adding subsection 11 for certain coronavirus relief, defined as “recovery rebates made under...

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Leaders Must Take Action to Halt Foreclosure Crisis for Minorities

August 23, 2020

NCLC’s Executive Director Rich Dubois and NAACP President and CEO Derrick Johnson are calling on Congress and federal regulators to take action to prevent an impending foreclosure crisis in communities of color, in an opinion editorial published yesterday in The Hill. The op-ed highlights how the cumulative impact of decades of housing policy discrimination on African American homeownership, coupled with...

From the Editor – Claims

October 20, 2019

By The Honorable William Houston Brown (Retired) Debtor’s objection to tax claim for being “too low” was rejected. Noting that the debtor could not benefit prior to distribution to creditors, in event trustee found assets for distribution, debtor’s objection to claim filed by tax creditor on basis that claim was “too low” was rejected. “The debtor comes last, not first,...

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Critical Case Comment – Frontloading Attorney’s Fees

Henry E. Hildebrand, III

August 6, 2023

Nothing prohibits the confirmation of a Chapter 13 plan which frontloads the payment of attorney’s fees ahead of payments to secured and other creditors.

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From the Editor – Lien Issues

September 15, 2019

By The Honorable William Houston Brown (Retired) Manufactured home did not become accession to real property. The creditor holding security interest in a manufactured home objected to confirmation, on the basis that § 1322(b)(2)’s anti-modification provision prevented bifurcation of its claim into secured and unsecured parts. The Eighth Circuit noted that the Bankruptcy Code does not resolve the issue of...

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Creditors’ Rights and Debtors’ Protections at the Intersection of Consumer Bankruptcy and UCC Article 9

November 29, 2020

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN) PART VI – CONSUMER FORECLOSURE PROCEDURES (CONCLUSION) Introduction In the consumer bankruptcy field, trustees and debtors' counsel often are uncomfortable with the rules in Article 9 of the Uniform Commercial Code (UCC). In this series for the NACTT Academy, we have looked at numerous topics involving the interplay of Article...

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Meet a Newish Trustee

January 24, 2021

On October 1, 2019, John G. Jansing was appointed Chapter 13 Standing Trustee for the Southern District of Ohio at Dayton. John took over from Jeff Kellner, who retired and moved to New Hampshire. John had some great mentors: Herb Beskin in Charlottesville, Marge Burks in Cincinnati and Faye English in Columbus. John toured Herb’s office in January 2020 and...