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Case of The Day

Are Monthly Newsletters to Clients Beneficial? Heck Yeah!

November 14, 2021
By Mary Beth Ausbrooks, Rothschild & Ausbrooks PLLC (Nashville, TN) With the prolonged decline in case filings, I found that...
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Members

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

August 9, 2020
By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN) Introduction to this Series Current pandemic circumstances and economic conditions...
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Members

In re Gottron, No. 11-20773-TJC, 2012 WL 907489 (Bankr. D. Md. Mar. 16, 2012) (Catliota)

February 22, 2013
Mortgage on investment property is subject to modification, but motion to strip down lien is denied when property was owned...
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In re White, No. 11-67119, 2012 WL 909835 (Bankr. N.D. Ga. Feb. 14, 2012) (Diehl)

February 21, 2013
Bank of America entitled to relief from confirmation order based on due process concerns when plan erroneously treated claim in...
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In re Edwards, No. 11-80962, 2012 WL 3584769 (Bankr. W.D. La. Jan. 5, 2012) (Hunter)

February 20, 2013
After BAPCPA, best-interests-of-creditors test is calculated differently than projected disposable income test: best-interests test is satisfied when distributions to priority...
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In re Wise, No. 12-00262, 2012 WL 3536469, at *11 (Bankr. D.D.C. Aug. 16, 2012) (Teel)

February 19, 2013
Not bad faith that debtor excludes Social Security income from projected disposable income; debtor can voluntarily use Social Security income...
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In re Paliev, No. 11-17647-BFK, 2012 WL 3564031, at *7 (Bankr. E.D. Va. Aug. 17, 2012) (Kenney)

February 18, 2013
Debtor gets marital adjustment at Line 19 for taxes nonfiling spouse pays on separate income and for nonfiling spouse’s gym...
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In re Paliev, No. 11-17647-BFK, 2012 WL 3564031, at *5 (Bankr. E.D. Va. Aug. 17, 2012) (Kenney)

February 15, 2013
Not bad faith that debtor borrowed from 401(k) to pay bankruptcy counsel and to cure mortgage arrearage or that case...
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In re Tibbs, No. 11-18943-EPK, 2012 WL 3800784, at *3–*6 (Bankr. S.D. Fla. Sept. 4, 2012) (Kimball)

February 14, 2013
Debtors with CMI greater than applicable median family income can modify five-year plan to pay off plan in single payment...
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Sikes v. Crager (In re Crager), No. 11-30982, 2012 WL 3518473, at *2 (5th Cir. Aug. 16, 2012) (Higginbotham, Haynes, Higginson)

February 13, 2013
Not per se bad faith that debtor’s attorney will receive almost all money paid to trustee under plan. “There is...
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