Critical Case Comment

By Kevin R. Anderson, Chapter 13 Trustee for the District of Utah

Hann v. Educational Credit Management Corp. (In re Hann), 711 F.3d 235 (1st. Cir. March 29, 2013).

Creditors cannot ignore claim objections, even when the debt is a nondischargeable student loan. Debtors objecting to a claim on the merits should be prepared to put on a prima facia case in support of the objection – even if the creditor does not respond. The prevailing party preparing an order, especially ones involving the treatment of a claim, should draft the order with such specificity that its effect . . .

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Critical Case Comment – The Now Infamous Castleman Case

Henry E. Hildebrand, III

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Equity that accrues as a result of market conditions in debtor’s assets between the time of confirmation of a Chapter 13 plan and conversion to Chapter 7 constitutes property of the estate which may be administered by the Chapter 7 trustee.

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Claims Secured by Personal Property

Pamela Simmons-Beasley, Dennis LeVine, Esq., Michael J. Watton, Esq.

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Chapter 13 in the Bankruptcy Code (1978 as amended) marks the first time that virtually all secured debts can be somewhat altered in a bankruptcy without getting the specific agreement of security holders. Real benefit is provided to the debtors who have personal property with secured loans due. Concepts including the automatic stay preventing enforcement or perfection of a security...

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The NCBJ Is Turning 100

The Honorable Deborah L. Thorne, The Honorable Kathy A. Surratt-States

April 21, 2024

Judge Deborah Thorne, NDIL, and Judge Kathy Surratt-States, EDMO, on behalf of the NCBJ’s DEI Committee, have written two articles about some of judicial firsts.

Can a Secured Claim Still “Ride-Through” Bankruptcy Despite BAPCPA? – Part 1 In re Rhodes Says, “Let Me Count the Ways”

Lawrence R. Ahern, III

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Background A recent Chapter 7 case out of the Bankruptcy Court for the Southern District of California, In re Rhodes,1 addresses reaffirmation in a context that is very significant and should be of interest to all debtor's attorneys. It points out that the "ride-through" of a debtor's secured debt in Chapter 7—which Congress tried to eliminate in 2005—still exists. In...

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ABI Commission on Consumer Bankruptcy – Remedies for Discharge Violation

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By Henry E. Hildebrand, III, Chapter 13 Trustee (Nashville, TN) One of the principle goals of a consumer that chooses to file bankruptcy is to obtain a discharge under § 524. Despite its importance, however, there is much more legal discussion on the logistics and the process of automatic stay under § 362 that is in existence during the pendency...

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The Kill Switch and The Stay

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Tax Projections and the Means Test

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By Cathy Moran, Esq. (Redwood City, CA) Mention tax calculations to a bankruptcy attorney and 7 out of 10 freeze on the spot. I'm not a tax attorney, they retort. That's right, but, if you are a bankruptcy attorney, that doesn't relieve you from knowing enough tax to get the means test right. Not to mention not giving up your...

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The Effect of “Success” (or the Lack of It) on Attorneys’ Fees – Part 1: Judicial and Legislative Background

Lawrence R. Ahern, III

September 18, 2022

Introduction In In re Village Apothecary, Inc.,1 the Sixth Circuit last month reduced an attorney's fees by half, where the professional's services were not "successful." The results obtained (or, actually, the lack of results) justified cutting the fees of attorneys for a Chapter 7 trustee by 50%. Why It Matters to Chapter 13 People This analysis of the implications of...

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

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One Woman’s Opinion

December 13, 2020

By Margaret A. Burks, Chapter 13 Standing Trustee for the Southern District of Ohio (Cincinnati) Chapter 13 works. Some people wish to continually criticize Chapter 13. They criticize the success rate. They criticize racial bias. They criticize how Chapter 13 works. They also criticize the fact that Chapter 13 appears less voluntary than it was before access to Chapter 7...