Ask Mr. Civil Procedure Man

By Professor Ralph U. Whitten

Dear Mr. Civil Procedure Man,

To what extent may a lawyer rely on information provided by a client through an electronic communication from a computerized system maintained by a third party retained by the client?

Ms. More R. Less
Surprise, NE

Dear Ms. More R. Less,

Mr. Civil Procedure man has often received astonished reactions from attorneys informed by him that they may not swallow every cock and bull story told by their clients without further investigation . . .

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Critical Case Comment – What Does a Tax Return Really Tell Us??

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Critical Case Comment

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By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN) While the debtors failed to meet the high threshold to establish excusable neglect to permit their claim filed on behalf of a creditor after the bar date to be allowed, where a Chapter 13 case is dismissed and then reinstated prior to the expiration of the bar date, the...

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By Karin N. Amyx, Staff Attorney to Chapter 13 Trustee Carl Davis (Wichita, KS) Trustees possess a variety of sensitive information that could be useful to litigants in contract disputes, divorce and child custody matters, insurance litigation or criminal prosecution. Additionally, debtors, creditors or third parties may be interested in the trustee’s internal operating procedures or legal position on disputes...

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Chapter 13 Trustee Duties, Powers, And Limitations – Part 6

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By James J. Robinson, Chief United States Bankruptcy Judge, Northern District of Alabama When do the trustee’s duties end, and who gets the money? Harris v. Viegelahn, 135 S. Ct. 1829 (2015). This opinion of the unanimous Court requires the trustee to return to the debtor undistributed plan payments—originating from wages earned postpetition—on hand at a good-faith, post-confirmation conversion rather...

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