The Subjectivity of Excusable Neglect

By Isabel C. Balboa, Chapter 13 Standing Trustee, State of New Jersey, Camden Vicinage

Charles Schaffner, Appellant vs. United States Trustee, Appellee
United States District Court for the Eastern District of Kentucky
2012 U.S. Dist. LEXIS 93632, Decided July 6, 2012

The District Court for the Eastern District of Kentucky reversed the holding of Bankruptcy Judge Tracey N. Wise denying requests to extend the time to file an appeal and for reconsideration of the denial of the request for an extension of time.

The subject matter of the appeal commenced in June 2011 when the . . .

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Small Business Reorganization Act

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By The Honorable Hannah Blumenstiel Yes, MORE on SBRA. We realize that to attorneys February of 2020 seems a LONG way away but it really isn’t. We are building our library on this important legislation so it is available when YOU are ready for it. In this week’s installation, Judge Blumenstiel, analyzes the legislation. The first two and a half...

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Substantial Contribution Claims

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By Nicholas Miller, Third-Year Student, University of Texas School of Law, and Madison Haueisen, Second-Year Student, University of Texas School of Law The second issue at hand in this year’s Duberstein moot court problem involves a matter of statutory interpretation—specifically, whether §503(b) of the Bankruptcy Code allows a creditor to recover costs and expenses incurred in making a substantial contribution...

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United Student Aid Funds, Inc. v. Espinosa Ten Years After

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Honorable Brian D. Lynch

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Henry E. Hildebrand, III

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A little bit for everyone in this case . . .In calculating above-median income debtor’s projected disposable income, Chapter 13 debtor may not deduct the “ownership allowance” for transportation expenses if the secured debt in question is secured by a nonpurchase money security interest in a motor vehicle.

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Taggart v. Lorenzen: Supreme Court Stakes Out Middle Ground on Contempt Standard for Discharge Injunction Violations, Leaves Clues About Automatic Stay Violations

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By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN) Introduction – The Taggart Ruling Last year, the Ninth Circuit in In re Taggart1 ruled that an act in violation of the discharge injunction did not empower a court to find a creditor in contempt, if the creditor believed in good faith that the discharge injunction did not apply—even if...

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Avoidance Powers in Chapter 13 – Part 5 of 6

January 27, 2019

By John P. Gustafson, United States Bankruptcy Judge, Northern District of Ohio, Western Division (Toledo, OH) Click here for Part 1 Click here for Part 2 Click here for Part 3

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