Ms. Ps & Qs

By Professor Nancy Rapoport

Dear Readers:

This month, I’m opening the column with a bit from one of my favorite comedians, Henry Cho. In a clip (Henry Cho on the Late Show with Craig Ferguson) that you can find here (http://www.henrychocomedy.com/#1168/youtube), he’s talking about his cousin on his wife’s side. He had to get this cousin out of jail. His cousin said, “Hey, I tried to call you on the cell phone.” Henry: “You don’t have a cell . . .

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2020 Vision

February 14, 2021

By Jan Sensenich, Chapter 13 Standing Trustee for the District of Vermont I think it was in junior high school when I first started wearing glasses. I remember not liking the idea of having to wear glasses. I thought I could see just fine. As far as I knew, I was seeing what I needed to see. But I also...

The Hanging Paragraph – Hanging on Every Word Part 1 of 4

June 14, 2020

By Anthony J. Gomez, CPA, former extern to the Honorable John P. Gustafson, Northern District of Ohio at Toledo I. Cramdown Pursuant to 11 U.S.C. §1325(a)(5)(B) Section 1325(a) sets forth the requirements for a court to confirm a chapter 13 bankruptcy plan. In respect to each secured claim provided for in a plan, 11 U.S.C. §1325(a)(5) provides the following three...

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U.S. Trustee Program to Implement Virtual Section 341 Meetings of Creditors Nationwide

The Academy

September 10, 2023

These virtual 341 meetings via Zoom will be implemented on a rolling basis through early 2024. YEP, this means you, y’all, all y’all, you guys, and yoos guys. Doesn’t matter if you have been doing 341’s via telephone for 100 years . . . it’s ZOOM as soon as implemented in your district. For Debtor Atty’s, this may require having clients...

In the Trenches: Secrets to Settlement – Competency in the Courtroom Part 2 of 3

June 16, 2019

By Jan Hamilton, Chapter 13 Trustee (Topeka, KS) Click here for Part 1 of 3 8. Early Preparation for Trial As suggested, the best way to settle a case is to be willing to try that case, which means you must prepare from the get go. That preparation begins a long time before the eve of trial, namely, at the...

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I’ve Looked at Clouds from Both Sides Now

April 25, 2021

(Song by Joni Mitchell – first recorded by Judy Collins in 1968) By Merideth Akers, CPA, PHR, Comptroller for Bradford W. Caraway (Birmingham, AL) In the simplest terms, bankruptcy has two sides. The debtor is on one side, and the creditor is on the opposite side. Although there are opposite sides in bankruptcy, the system is designed to be non-adversarial....

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ABI Commission on Consumer Bankruptcy – Statement of Intention: Deadlines and Consequences

June 23, 2019

By Henry E. Hildebrand, III and Sloan Hastings Section 521(a)(7) requires a chapter 7 debtor to file a statement of intention for “debts secured by the property of the estate.” The debtor must choose to (1) reaffirm the debt, (2) surrender the collateral, or (3) redeem the collateral. Reaffirming the debt contractually binds the debtor to pay the debt even...

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From the Editor – Confirmation

March 8, 2020

By The Honorable William Houston Brown (Retired) Good faith in plan proposal. Plan was proposed in good faith, although petition was filed only 21 days after purchase of vehicle, when plan adequately protected creditor against risk of depreciation. Opinion reviews good faith factors for plan proposal. In re Sharp, 608 B.R. 546 (Bankr. D. Kan. 2019). Compare In re Broder,...

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Think Beyond The Means Test

August 23, 2020

By Cathy Moran, Esq. (Redwood City, CA) It started as a means test question: could emergency medical expenses be deemed non consumer debt. It ended up as a step back to get the bigger picture. Well-seasoned bankruptcy counsel brought the fact pattern to a list serve of colleagues. The prospective debtors’ income in a small consulting corporation is declining, his...

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Critical Case Comment – Fee Wars: The Battle Over Debtor Attorney Compensation

Henry E. Hildebrand, III

March 31, 2024

Debtors’ attorney’s fees can be calculated as a percentage of the presumptively reasonable “no-look” fee for cases involuntarily dismissed prior to confirmation and is an allowed administrative claim which can be paid under § 1326(a)(2).

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Judge Carol A. Doyle: Pre-Retirement Interview

Samantha Ruben

May 14, 2023

(Reprinted with permission. Bankruptcy Court Liaison Committee Newsletter – Spring 2023 (Northern District of Illinois)) During her tenure as a bankruptcy judge for nearly 24 years, Judge Carol A. Doyle has presided over countless chapter 7, 11, and 13 cases, leaving a lasting impact on the Chicago bankruptcy landscape. She has been a dedicated and respected member of the bankruptcy...

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Related Articles

2020 Vision

The Hanging Paragraph – Hanging on Every Word Part 1 of 4

U.S. Trustee Program to Implement Virtual Section 341 Meetings of Creditors Nationwide

In the Trenches: Secrets to Settlement – Competency in the Courtroom Part 2 of 3

I’ve Looked at Clouds from Both Sides Now

ABI Commission on Consumer Bankruptcy – Statement of Intention: Deadlines and Consequences

From the Editor – Confirmation

Think Beyond The Means Test

Critical Case Comment – Fee Wars: The Battle Over Debtor Attorney Compensation

Judge Carol A. Doyle: Pre-Retirement Interview

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