Ask Ms. Ps & Qs

By Professor Nancy Rapoport

Dear Readers:

Thanks to the ever-wonderful Regina, here are this month’s questions.

Dear Ms. Ps & Qs:

Debtor is a 1099-commissioned employee and meets with his attorney towards the end of the month. Debtor attorney knows that there is no way to get the petition filed in this monthly cycle, but learns in the interview that the Debtor is about to sign and close some big deals which will affect the DMI on Form 22. The Debtor is then advised by his attorney to intentionally hold deals in his . . .

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The Uneasy Co-Existence of Federal and State Consumer Remedies in Bankruptcy Cases – the Fourth Circuit Weighs In

Mark C. Leffler

October 15, 2023

“Why do I need the FDCPA if there’s already a remedy under Rule 3001?” This is what the bankruptcy judge asked me when I brought an adversary proceeding against a claims buyer, alleging potential class claims under both the Fair Debt Collection Practices Act (“FDCPA”) and Bankruptcy Rule 3001(c)(2). The defendant had a business practice of filing high volumes of...

Members

Critical Case Comment – 10th Circuit Says No Default Cures After Month 60

October 24, 2021

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN) Chapter 13 debtor cannot submit missed payments to the trustee after the 60-month term of the plan has ended in an effort to cure defaults in the plan. (Bacharach) Kinney v. HSBC Bank USA, N.A., 5 F.4th 1136 (10th Cir. July 23, 2021) Case Summary Margaret Kinney filed a...

Members

Interspousal Claims Live On and On and On

Cathy Moran

April 21, 2024

Even when the contentions against a debtor spouse sound in fraud, breach of fiduciary duty, or intentional tort, the claims of the debtor’s spouse survive a Chapter 7 discharge.

Members

Inclusion in Bankruptcy Doesn’t Equal “Discharged”

Cathy Moran

February 11, 2024

Communications Practice Pointer! Convincing clients that all of their debts must be included in bankruptcy is one of the hardest parts of being a bankruptcy lawyer. Communicating clearly with our clients, in their language, is a key part of our job. The struggle often seems Herculean.

Members

Passing of the Honorable Randall L. Dunn

The Academy

June 25, 2023

Retired United States Bankruptcy Judge Randall (Randy) Lawson Dunn, District of Oregon, died at home on June 7, 2023.

The New DOJ/DOE Guidance for Student Loan Bankruptcy Litigation: Promising Early Results

Honorable Brian D. Lynch

March 17, 2024

“The problem in the past for student loan borrowers in bankruptcy has been that hardship discharge litigation has been complex, expensive and arbitrary. . . . The new guidance has simplified the process.”

Members

ZOOM – Instructions/Directions from the Office of Ronda Winnecour, Standing Chapter 13 Trustee*

April 26, 2020

(Items in italics have been added by Academy staff) . . . will be held virtually by ZOOM . . . Please visit our website at ch13pitt.com (this site has very detailed directions) for all of the details and instructions. A computer is not a necessity since ZOOM also allows participation by telephone (iphone, Android). Please visit the website before...

Assessing the Ailing Business Post Pandemic

June 28, 2020

By Cathy Moran, Esq. (Redwood City, CA) Long after the human patients recover from the coronavirus, small businesses will still be ailing. And long nights will be spent deciding whether to try to stay in business. As bankruptcy lawyers, we’re going to see people in pain trying to assess what to do next. Business owners may see the exit heading...

Members

List It or Lose It: When Actual Knowledge Isn’t Enough

June 20, 2021

By Cathy Moran, Esq., (Redwood City, CA) To actually effect abandonment of unadministered assets in a bankruptcy case, the asset in question must appear on Schedule A/B. That’s the hard teaching of Stevens v. Whitmore from the 9th Circuit BAP. A passing reference to an asset in the SOFA isn’t sufficient. Neither was the fact the trustee explicitly knew about...

Members

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).

Members

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Related Articles

The Uneasy Co-Existence of Federal and State Consumer Remedies in Bankruptcy Cases – the Fourth Circuit Weighs In

Critical Case Comment – 10th Circuit Says No Default Cures After Month 60

Interspousal Claims Live On and On and On

Inclusion in Bankruptcy Doesn’t Equal “Discharged”

Passing of the Honorable Randall L. Dunn

The New DOJ/DOE Guidance for Student Loan Bankruptcy Litigation: Promising Early Results

ZOOM – Instructions/Directions from the Office of Ronda Winnecour, Standing Chapter 13 Trustee*

Assessing the Ailing Business Post Pandemic

List It or Lose It: When Actual Knowledge Isn’t Enough

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

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