I’m So Much Cooler Online: Using Social Media In Bankruptcy

By Katherine Iskin, Staff Attorney to Debra Miller, Trustee for South Bend and Fort Wayne, IN

The use of social media in litigation is a hot topic – lawyers want to know clear lines for appropriate behavior while maximizing a potentially useful tool. This is true particularly in bankruptcy, with limited time for questioning Debtors at 341 Meetings and deadlines for confirmation of cases. Trustee and creditors alike may want to find additional information about a given debtor without necessarily alerting the debtor to the inquiry or having the information groomed by the debtor’s attorney. Given the potential . . .

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Why Creditors Should Get Less in Chapter 13

Cathy Moran

October 30, 2022

Spending every dollar they make, and then some, is often how our Chapter 13 clients got into financial trouble. Yet Chapter 13, as practiced, validates the practice of continuing to spend 100% of each month’s income during the life of the plan. In doing so, we, as a society, squander the chance to use Chapter 13 to teach new budgeting...

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Critical Case Comment – A Mixed Bag of Inheritance

Henry E. Hildebrand, III

June 18, 2023

When a debtor fails to disclose a post-petition asset as required by Local Rule and the terms of her plan, the trustee may seek a modification of the plan notwithstanding the expiration of the applicable commitment period; the best interest of creditors test applies only at commencement of the case and not to a plan modification; a trustee’s motion to...

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From the Editor – Plan Modification

March 21, 2021

By The Honorable William Houston Brown (Retired) For modification purposes, best interests test remains at petition date. In an examination of post-confirmation sale of the debtor’s home that yielded excess of homestead exemption, the Court concluded that the best-interests of creditors’ calculation was performed as of the petition date, rather than time of modification. Section 1329 does not provide a...

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Evictions in Ohio, Kentucky, Michigan and Tennessee May Go Forward? Sixth Circuit Says CDC’s Eviction Moratorium Exceeded Its Authority

August 15, 2021

After the CARES Act’s 120-day moratorium on evictions ended, the Centers for Disease Control (“CDC”) extended the moratorium, with the CDC’s order based on authority under the Public Health Service Act of 1944. CDC stepped into the landlord-tenant arena to make and enforce regulations necessary to prevent spread of COVID-19, citing 42 U.S.C. § 264(a). Subsequent to CDC’s action, Congress...

2019 Legislation Affecting Bankruptcy Practice

August 18, 2019

By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN) PART I Overview Introduction Four bankruptcy-related bills have been passed by both the House and the Senate this term. The legislation was sent to the President for signature on August 13, 2019.1 The bills were not controversial and had bipartisan support. The legislation affects both business and consumer cases. One...

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New Trustee Named

The Academy

September 10, 2023

Andrew B. Finberg has been appointed as a Chapter 13 Standing Trustee for the District of New Jersey. Finberg is picking up the mantle left by happily retiring Isabel Balboa.

Critical Case Comment – $67k Windfall to Debtors. Fraudulent??

Henry E. Hildebrand, III

April 24, 2022

In re Frank, 638 B.R. 463 (Bankr. D. Colo. 2022) A Chapter 13 trustee’s request to dismiss a Chapter 13 case upon discovery of an undisclosed asset held by the debtor cannot be granted after the debtor completes payments under the plan. (Brown) Case Summary John and Jessica Frank filed a Chapter 13 petition on April 8, 2018. Prior to...

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Johnson Retires

September 29, 2019

By Academy Staff Jan P. Johnson served as a Chapter Standing 13 Trustee for the Eastern District of California, Sacramento Division, from 1998 to September 30, 2019. Prior to this appointment, he served as Chapter 13 Standing Trustee for the District of Puerto Rico from 1989 where he was responsible for over 25,000 cases. He was also appointed as Standing...

Kellner Retires

September 29, 2019

By Academy Staff Jeffrey M. Kellner graduated from THE Ohio State University in 1975. Between then and entering law school, Jeff worked in Montana for the park service. He graduated from Capital University College of Law in 1985. After law school, he worked for two years as a law clerk for Judge Calhoun in Columbus, OH. He then went to...

Rule 3002.1, Contempt and Sanctions – How a Lender Can Create a Mess

Thomas D. DeCarlo

October 16, 2022

The facts in In re DeWitt, 2022 WL 4588320 (Bankr. S.D. Ohio 2022), are a bit “unusual”. Debtor filed Chapter 13 to reinstate her mortgage. The mortgage was “non-escrowed” and Debtor was required to pay property taxes directly. Surprisingly, she did not pay her property taxes. The first time, the Lender paid the property taxes but decided not to pursue...

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