The Case is Converted. Now What?

By Jeremy Gugino, Chapter 7 Trustee, Boise, ID

The conversion of a case from Chapter 11, 12 or 13 to Chapter 7 gives rise to a plethora of issues for both Debtor’s attorneys and Trustees. For instance, what is property of the estate? Who is in charge? Will Debtor’s attorneys get paid for their Chapter 11 work? This brings up a number of issues that both Debtor’s attorneys and Trustees have to consider. Below are a few.

Whether it’s an individual case or a business Chapter 11, it is important for the Trustee and . . .

It looks like you are not signed in or registered! This content is only available to members.

Or Sign In Below:

No Author Biography has been linked to this Article.

Today’s AI Stands to Create Work for Lawyers

Cathy Moran

June 25, 2023

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...

Members

Yet Another Reason Why the Means Test is “Broken”

Thomas D. DeCarlo

December 18, 2022

The Bankruptcy Code produces some difficult results. Sometimes those results pass difficult and extend into problematic. The Bankruptcy Court for the District of Idaho crossed well over difficult in In re Clifford, 2022 WL 16727279 (Bankr. D. Id. 2022). The question addressed in Clifford is one that comes up in every Chapter 13 case – how do we calculate “Current...

Bankruptcy Court Finds Jurisdiction to Hear Discharge-Injunction Violation Class Action

May 9, 2021

By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN) Introduction The Bankruptcy Court for the Eastern District of New York ruled last month, in a case styled In re Ajasa,1 that bankruptcy courts have subject matter jurisdiction to consider nationwide class actions that allege contempt of discharge injunctions. The broader effect of the opinion is that a discharge injunction...

Members

6 Steps to Ethical Unbundling of Bankruptcy Representation

March 21, 2021

By Cathy Moran, Esq. (Redwood City, CA) No matter how many hoops the client dutifully jumped through, without adequate inquiry and communication, the bankruptcy attorney was slammed for unbundling his services. The representation agreement at issue excluded representation in any adversary proceeding filed, as do most such agreements, I imagine. The client initialed every paragraph of the 19-paged representation agreement,...

Members

Critical Case Comment – Fourth Circuit Says Easy-Peasy

Henry E. Hildebrand, III

September 24, 2023

In calculating projected disposable income, 13 debtor may deduct entire mortgage payment notwithstanding amount exceeds the housing allowance as established by the IRS Financial Standards Allowance.

Members

Critical Case Comment – If Objection, Arrears Gotta’ Be Equal Monthly Installments

Henry E. Hildebrand, III

March 12, 2023

When a mortgage servicer objects to the plan based on its failure to pay mortgage arrears in equal monthly payments, § 1325(a)(5)(B) requires the debtor to amend to pay the arrears in equal monthly payments. (Hanan) In re Randell, 638 B.R. 104 (Bankr. E.D. Wis. January 19, 2022) Case Summary Ms. Randell proposed a rather conventional Chapter 13 plan, seeking...

Members

CARES Act Financial Hardship ‘Laundry List’

April 5, 2020

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN) During the free Academy webinar The CARES Act – Impacts on Chapter 13 on April 2, 2020, the panel – Judge Wm. Houston Brown (Retired), Amanda DeBerry and I – referred to the importance of detailing the reasons for modifications or suspensions to be related to financial hardship stemming...

Members

Good or Bad Faith?

Hale Andrew Antico

September 10, 2023

The Ninth Circuit BAP held that the chapter 13 debtors converted their case to Chapter 7 in good faith and therefore a post-petition inheritance was not property of the chapter 7 estate.

Members

How I Got Started

George Stevenson

May 8, 2022

My life in 1982 was in a bit of turmoil. I had recently gotten married and was working as in-house counsel for a regional furniture retailer. My position included a lot of collection work – beating up on debtors in state and bankruptcy courts. I was not unhappy but I was not comfortable with my work – it was clear...

The PUMP Act

Mark T. McCarty

June 11, 2023

The U.S. Department of Labor (DOL) has released an updated Fair Labor Standards Act (FLSA) Minimum Wage Poster that covers employers’ new lactation accommodation obligations under the recently passed Providing Urgent Maternal Protections for Nursing Mothers (PUMP) Act. The PUMP Act went into effect on December 29, 2022 and requires employers to provide nursing employees with reasonable accommodations, such as...