TIME LIMITS FOR CHAPTER 13 AND CHAPTER 7 DEBTORS’ ELIGIBLITY TO RECEIVE A DISCHARGE, AND RELATED ISSUES

TIME LIMITS FOR CHAPTER 13 AND CHAPTER 7 DEBTORS’ ELIGIBLITY TO RECEIVE A DISCHARGE, AND RELATED ISSUES – PART II

By John P. Gustafson, Chapter 13 Trustee, Northern District of Ohio, Western Division

B. §727(a)(9): Six Years Must Pass From Sub-70% Chapter 13 (Or

Chapter 12) To Discharge In Chapter 7.

“§727(a)(9) constrains successive discharges under Chapters 13 and 7”. Young v. United States, 535 U.S. 43, 51; 122 S. Ct. 1036, 1041; 152 L . . .

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Critical Case Comment – $67k Windfall to Debtors. Fraudulent??

Henry E. Hildebrand, III

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In re Frank, 638 B.R. 463 (Bankr. D. Colo. 2022) A Chapter 13 trustee’s request to dismiss a Chapter 13 case upon discovery of an undisclosed asset held by the debtor cannot be granted after the debtor completes payments under the plan. (Brown) Case Summary John and Jessica Frank filed a Chapter 13 petition on April 8, 2018. Prior to...

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By Professor Nancy Rapoport Dear Readers: The Academy staff has raised an important issue: Given the mental health issues associated with the pandemic, what should someone do when he or she sees a colleague lawyer in distress? Before we get to the ethics implications, let’s talk about the mental health issue itself. When people are under great stress, they try...

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In Re Carter: A Hard Case (Maybe) Making Bad Law?

Owen W. Katz

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Chapter 13 plans and confirmation orders will occasionally include post-confirmation disclosure and turnover requirements for tax returns and refunds and for other types of post-petition recoveries and income. Debtors are expected, on their own and without the need for rigorous trustee oversight, to fulfill the turnover requirements as a condition of plan completion and discharge. What happens when the case...

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From the Editor – Claims

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Wishing our dear friend and colleague, Isabel Balboa, a hearty congratulations on her upcoming retirement. As many of you know, Isabel came to the United States from Cuba at the age of 6 with her mother and sisters. Upon leaving Cuba, they were forced to leave everything behind for fear that they would be caught and detained. Her father was...

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Most lawyers were torn between wincing and laughing when a lawyer filed a brief packed with case authority created out of whole cloth by an AI bot. Meanwhile, a segment of the bar is fretting that we will be replaced by powerful artificial intelligence. My concern, based on a couple of casual forays into AI, is not that I will...

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

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By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN) Part V – Consumer Foreclosure Procedures (Continued) Introduction In the world of consumer bankruptcy, trustees and debtors' counsel often are uncomfortable with the rules in Article 9 of the Uniform Commercial Code (UCC). In this space, we have looked at several places where Article 9 meets the Bankruptcy Code. In...

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By Nancy B. Rapoport, Garman Turner Gordon Professor of Law, Boyd School of Law, and Affiliate Professor of Business Law & Ethics, Lee Business School, William S. Boyd School of Law, University of Nevada, Las Vegas Dear Readers: My guardian angel, Regina Logsdon has asked a great question:what should you do when your “Spidey sense” tells you that your client...

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Yet Another Arrow in the Quiver of the “Less Than Honest Debtor”?

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By Academy Staff In July of 2016 ConsiderChapter13.org posted an article, “Another Arrow in the Quiver of the ‘Less Than Honest Debtor’.” That article addressed a decision of the Bankruptcy Court for the Eastern District of Tennessee in In re Hurt, 2015 WL 9592064 (Bankr. E.D. Tn. 2015), in which the Court overruled the Trustee’s objection to exemptions. In Hurt,...

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