When The Marital Community Doesn’t Get a Bankruptcy Discharge

By Cathy Moran, Esq.

Community property works differently in bankruptcy. I probably don’t have to tell you that.

On the issue of assets and debts, community property is pretty straightforward. All of the community property comes into the estate upon the commencement of a bankruptcy case, even when only one spouse files. §541(a)(2).

Every . . . → Read More: When The Marital Community Doesn’t Get a Bankruptcy Discharge

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

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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Paul W. Bonapfel has been a United States Bankruptcy Judge for the Northern District of Georgia since 2002. Prior to his appointment, he practiced law in Atlanta, Georgia, with the law . . . → Read More: A Guide to the Small Business Reorganization Act of 2019 – Revised June 2022

Student Loans Debacle-Part II: Failure to Forgive - The Ticking Time-Bomb

by R. Michael Smith, Esq.

The recent push for student loan forgiveness has been met with increasing opposition. The rationales for not providing a generally applicable path for student loan forgiveness or cancellation have included arguments based upon imagined unfairness to those previously able to pay off their loans, which seems to be both . . . → Read More: Student Loans Debacle-Part II: Failure to Forgive – The Ticking Time-Bomb

The Student Loan Solution

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville)

Recently, news stories, political pundits, social media outlets and the talking heads have become keenly aware of the growing danger imposed by burgeoning student loan debt and the economic chaos it has caused and will continue to cause. . . . → Read More: The Student Loan Solution

Keep Calm and Carry On – Observations Regarding CBRA

By Henry E. Hildebrand, III

First, breathe deep and try to relax.

The Antitrust, Commercial and Administrative House Subcommittee of the House Judiciary Committee, with minimal notice, set an oversight hearing for September 29, 2022. The subcommittee is charged to deal with matters relating to bankruptcy. The subject of the hearing was to be . . . → Read More: Keep Calm and Carry On – Observations Regarding CBRA

“Jan Hamilton” – Need We Say More?

By Teresa L. Arnold, Staff Attorney to Trustee Carl B. Davis (Wichita KS)

Just prior to a confirmation docket in September of 2006, a local creditor attorney asked me if I would be interested in coming to work at his firm. The chapter 13 trustee was in the room and could not help but . . . → Read More: “Jan Hamilton” – Need We Say More?

Fond Farewell to Danny O’Brien

Dear Danny,

We know that you would not want a tribute – it’s simply not who you are. But we couldn’t let this moment pass without acknowledging how admired and respected you are. We will all miss you and are better for having known you. You are a stellar example of what all humanity . . . → Read More: Fond Farewell to Danny O’Brien

Personal Injury Attorney’s Duty of Reasonable Inquiry of a Client’s Bankruptcy

By Michael B. Joseph, Esq.

An attorney meets with a potential client about a recent auto accident personal injury claim. The client suffered severe injuries and may be entitled to a large award. The client fails to mention that he is a debtor in an active bankruptcy. The client also has failed to advise . . . → Read More: Personal Injury Attorney’s Duty of Reasonable Inquiry of a Client’s Bankruptcy

WE LOVE AND WILL MISS YOU, HELEN

By Elizabeth Vaughan, Chapter 13 Standing Trustee for the Northern District of Ohio (Toledo)

Helen Morris, the Standing Chapter 13 and 12 Trustee for West Virginia is retiring at the end of this fiscal year.

I first met Helen over lunch at NACTT, where we chatted about a non-legal interest we both share, writing . . . → Read More: WE LOVE AND WILL MISS YOU, HELEN

How to Build and Strengthen Your Chapter 13 Debtor Practice

By: The NACTT Emeritus Trustee Committeei*

In these times of fewer case filings, it may be helpful to look at ways that debtor attorneys may build and strengthen their chapter 13 bankruptcy practice. The following are some recommendations and ideas from the Emeritus Trustee Committee:

Develop good relationships and communication with the court, the . . . → Read More: How to Build and Strengthen Your Chapter 13 Debtor Practice