The Rise In Elderly Bankruptcy Filings and Failure of U.S. Bankruptcy Law

(Introduction by Vijay S. Malik, Research Assistant to Prof. Michaela White, Creighton University School of Law)

John A. E. Pottow is an internationally recognized expert in the field of bankruptcy and commercial law. Pottow joined the faculty of the University of Michigan Law School in 2003. Prior to this, he worked at several bankruptcy firms, including Weil, Gotshal and Manges of New York and the former Hill & Barlow of Boston. He holds an A.B. in psychology, summa cum laude, from Harvard College and a J.D., magna cum laude, from Harvard Law School, where he served . . .

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NCLC Seeks Signers Urging Foreclosure Pause When HAF Applied For

The Academy

January 16, 2022

NCLC seeking non-profit organizations to sign two letters (one to the CFPB and one to FHFA, FHA, VA, and USDA) urging the agencies to require servicers to pause foreclosure activity for at least 60 days after being notified that a borrower has applied for HAF assistance and meets conditional program eligibility. We ask organizations to sign both letters, and the...

Court Review of Fee Applications in Chapter 13: One Judge’s Perspective

August 16, 2020

By Hon. Brian Lynch, Bankruptcy Judge, WAWB “[T]he bankruptcy court has a duty to review fee applications, notwithstanding the absence of objections by the United States trustee (“UST”), creditors, or any other interested party….” In re Busy Beaver Bldg. Ctrs., Inc., 19 F.3d 833, 841 (3d Cir. 1994). In Chapter 13 cases this role is critical because in this judge’s...

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Critical Case Comment – A Mixed Bag of Inheritance

Henry E. Hildebrand, III

June 18, 2023

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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The Untouchables – Starring Social Security Income

Nicole P. Novak

March 5, 2023

In a recent opinion, an Ohio bankruptcy court joined the majority of other courts by holding the Code excludes Social Security Act (“SSA”) benefits from disposable income.i The issue was brought before the Court by the Chapter 13 Trustee’s objection to confirmation. The objection to confirmation asserted the Debtors failed to commit all disposable income to their plan and included...

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How My Law Firm Learned to Stop Leaving Money on the Table Part 3 – Valuable Lessons Learned in Automatic Stay Litigation

Mark C. Leffler

June 5, 2022

Bankruptcy has been the focus of the Boleman Law Firm’s 30+ year history, but my law partners and I believed it was important for our firm’s long-term health to add a new practice area that would be complimentary to bankruptcy. Even though we were filing almost 250 new Chapter 7 and 13 cases every month before the pandemic, most of...

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Trustee May Use Any Law Available to Avoid a Transfer

March 17, 2019

By Herbert L. Beskin, Chapter 13 Trustee for the Western District of Virginia (Charlottesville) *Special thanks to Gretchen D. Holland for editing this article. Facts In Vieira v. Gaither (In re Gaither), Bankr. D. S.C., # 18-01317-dd, Adv. Pro. 18 80040-dd, Chapter 7 case; 11/30/18 opinion (Duncan); 2018 Bankr. LEXIS 3816, the Debtors’ son died in an aviation accident in...

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Quick Tips to Make You a PowerPoint Master – Effective Use of PowerPoint

January 5, 2020

By Honorable Cynthia Norton & Honorable Kevin R. Anderson Create a Master Slide Template: Create a custom slide template that you can use each time you produce a new PowerPoint presentation (in PowerPoint, click View and then Slide Master). This avoids "reinventing the wheel" each time. In creating your Master Slide, use complimentary and contrasting colors to maximize readability. I...

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Discharges and the DoD: The Interplay between Bankruptcy & Security Clearances

Emily Connor Kennedy

March 6, 2022

There are several different types of security clearances that an individual might seek as a prerequisite to employment. What each clearance requires depends on many factors, such as whether the person is a civilian or part of the armed forces, whether the clearance is for facility access only (versus access to sensitive documents), and the scope of the access in...

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Legal Aid and Who Are Our Chapter 13 “Customers”

January 10, 2021

By Rachel Jones, Staff Attorney to Chapter 13 Standing Trustee Chris Micale, Western District of Virginia (Roanoke) The events of 2020 have had a devastating impact on the very low-income population. The working poor are struggling, particularly those working in sectors such as hospitality and tourism. State and Federal funding and local programs such as food banks and community action...

Eviction and Bankruptcy Remedies

August 30, 2020

By Wayne Silver, Wayne Silver Law (Redwood City, CA) The 120-day CARES Act eviction moratorium expired on Saturday, July 25. At the expiration of the moratorium, landlords covered by the federal moratorium could begin serving eviction notices, and begin filing eviction lawsuits 30 days thereafter. That means on Monday, August 24, 2020 the moratorium on evictions expired, while we face...

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