Small Business Reorganization Act…(“SBRA”) H.R. 3311

Small Business Reorganization Act…(“SBRA”) H.R. 3311 – PART ONE

By Jan Hamilton, Chapter 13 Standing Trustee (Topeka, KS)

“I do not suggest my thoughts here are anywhere close to exhaustive. . . . Of course, my thoughts may be off mark on one or more items, but the discussions need to start somewhere, so here we go…”

See also:

2019 Legislation Affecting Bankruptcy Practice – Overview
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Substantial Contribution Claims

June 9, 2019

By Nicholas Miller, Third-Year Student, University of Texas School of Law, and Madison Haueisen, Second-Year Student, University of Texas School of Law The second issue at hand in this year’s Duberstein moot court problem involves a matter of statutory interpretation—specifically, whether §503(b) of the Bankruptcy Code allows a creditor to recover costs and expenses incurred in making a substantial contribution...

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IRS Warns of Impersonation Email Scam; Reminds Taxpayers IRS Does Not Send Unsolicited Emails

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On 8/22/19 the IRSe and its Security Summit partners warned taxpayers and tax professionals about a new IRS impersonation scam campaign spreading nationally on email. Remember: the IRS does not send unsolicited emails and never emails taxpayers about the status of refunds. The IRS detected this new scam as taxpayers began notifying [email protected] about unsolicited emails from IRS imposters. The...

Critical Case Comment

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By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee When the wages of an insolvent spouse are deposited into the couple’s entireties account, both spouses are fraudulent transferees; wage deposits spent on non-necessary expenditures are recoverable from the joint account by determining the proportion to the overall share of wages in the account as...

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Critical Case Comment – A Mixed Bag of Inheritance

Henry E. Hildebrand, III

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When a debtor fails to disclose a post-petition asset as required by Local Rule and the terms of her plan, the trustee may seek a modification of the plan notwithstanding the expiration of the applicable commitment period; the best interest of creditors test applies only at commencement of the case and not to a plan modification; a trustee’s motion to...

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A Guide to the Small Business Reorganization Act of 2019 – Revised June 2022

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Click here to see PDF – SBRA Guide June 2022 Compilation FINAL Click here to see PDF – SBRA May-June Supplement Final

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Erik P. Kimball

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“In most cases, debtor’s counsel addresses only the argument that the debtor’s personal or financial affairs have substantially changed since dismissal of the preceding case.”

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Critical Case Comment

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From the Editor – Discharge

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By The Honorable William Houston Brown (Retired) Failure to pay postpetition fees under Rule 3002.1 did not prevent discharge. The debtor had completed payments to the trustee and postpetition mortgage payments to the creditor, but she had not paid $1,370 in postpetition fees that had been asserted by the mortgage creditor and noticed to the debtor under Rule 3002.1. That...

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Critical Case Comment – You Gotta Tell SOMEBODY!

Henry E. Hildebrand, III

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