Just Added

The edition of the NACTT Academy dated April 14, 2025, included a link to an opinion piece regarding the resignation of a United States Bankruptcy Judge.

“Most of our clients know little about the law and have never hired a lawyer. The law is a scary unknown. Worse yet, their knowledge of the law often comes from online pro pers or AI that not only lacks the human touch but is subject to being horribly wrong.”

Part 7 of this series looks at notice to creditors, turning to some tricky provisions in 11 U.S.C. § 342 and in Rule 2002, with a focus on giving notice to creditors when notice must be given by mail.

Chapter 13 debtor proposing a plan that maintains payments and cures defaults on a long-term student loan debt bears the burden of proving that the classification is not discriminatory and does not violate § 1322(b)(10).

Tired of eating fees at the end of a Chapter 13 when the debtor/client gets a discharge and you get to write off the time you spent in excess of the approved fee? Meet the Bingham Provision!

Court has authority to impose conditions upon voluntary dismissal of a Chapter 13 case; conditions court can impose are not limited to a “dismissal with prejudice”.

In this case, the E.D. of Wisconsin tackled when interest begins to accrue.

After Fulton cast doubt on how Chapter 13 debtors could recover vehicles repossessed before filing, a 2024 amendment to Rule 7001 clarified the issue.

Sanctions were appropriate against debtor’s counsel for advising the debtor that she could sell her residence without obtaining court approval as required by local rule when the residence had been listed as “exempt” in the petition and the plan provided that the property vested in the debtor at confirmation.

Reverse mortgages, while providing liquidity to senior homeowners, come with high costs and unique challenges, particularly in Chapter 13, where both borrower and non-borrower debtors must navigate complex repayment issues.