Ask Ms. Ps & Qs

By Professor Nancy Rapoport

Dear Readers:

Earlier this year, at the Association of American Law Schools’ annual meeting, I sat in on a panel that discussed our duty of competency as it relates to understanding technology. In case you’re not aware, comment 8 to Model Rule 1.1 (Competency) says “[t]o maintain the requisite knowledge and skill, a lawyer should keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology, engage in continuing study and education and comply with all continuing legal education requirements to which the . . .

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Bulletin: SBRA Postscript, the Definition of Income, and Changes to Section 1113(b)(1)(B) and (C)

March 29, 2020

BULLETIN SMALL BUSINESS REORGANIZATION ACT POSTSCRIPT CARES Act Passed by Senate Increases Eligibility to Small Business Debtors with Aggregate Debts Up to $7,500,000 And Other Changes Early last Thursday morning, the Senate passed a substitute for H.R. 748, called the “Coronavirus Aid, Relief, and Economic Security Act” (the “CARES Act”). The bill passed the House on Friday, and the President...

Win Now, Wreck Later: A Tale of Bankruptcy and Mortgage Servicing

August 18, 2019

By Cathy Moran, Esq. (Redwood City, CA) My Google Alert popped up a lovely win for a Chapter 13 homeowner, but all I could see was the train wreck that lies ahead. The bankruptcy court ruled that the confirmed (and completed) plan trumped a late-filed mortgage proof of claim. Payment of the amount provided in the plan cured the prepetition...

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City of Chicago v. Fulton And the Turnover Conundrum

January 24, 2021

By Kara K. Gendron, Esquire, Mott & Gendron Law (Harrisburg, PA) The recent Supreme Court decision in City of Chicago v. Fulton1 will change the law in most Circuits. Prior to this case, there was a split among the circuits as to whether the post-petition retention of property taken pre-petition constitutes a violation of the automatic stay under §362(a)(3) of...

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The Irony of Filing a Motion to Dismiss with Prejudice

April 12, 2020

By Daryl J. Smith, Senior Staff Attorney to Sylvia Ford Brown, Chapter 13 Standing Trustee (Memphis, TN) Are chapter 13 serial filers abusing the bankruptcy system? Maybe or maybe not. There are many reasons debtors file multiple bankruptcy cases across the nation, including but not limited to parking tickets, court fines, utilities, lack of financial literacy, foreclosure, past due rent,...

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Taxes, Offset, and Mutuality

October 13, 2019

By Cathy Moran, Esq. (Redwood City, CA) Bankruptcy lawyers are accustomed to evaluating the dischargeability of taxes when deciding when to file a client's bankruptcy case. But as we approach the end of the tax year, a client’s current year tax situation becomes another moving part in the “when do we file” analysis. In the simplest situation, the client owes...

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Critical Case Comment– Reverse Mortgage May be Modified

Henry E. Hildebrand, III

May 22, 2022

A reverse mortgage, having fallen due as a result of the death of the borrower, is not protected from modification by the borrower’s heirs by virtue of § 1322(c)(2). (Halfenger) In re Sandoval, 2022 WL 982182 (Bankr. E.D. Wis. March 31, 2022) Case Summary Juan Sandoval filed Chapter 13 and proposed a plan which dealt with his principal asset, a...

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Meet the First Black Woman to Serve as Chief Judge for Federal Bankruptcy Court in Cleveland

The Academy

February 4, 2024

February is Black History Month and it’s a time to recognize the past but also honor those who are achieving great things today.

Meet the New Trustee

October 3, 2021

Jack N. Zaharopoulos was appointed as the Chapter 13 Standing Trustee for the Middle District of Pennsylvania on May 1, 2021. He succeeded Charles DeHart after his retirement. After graduating from Marquette Law School in Milwaukee in 2002, Zaharopoulos worked at a general practice firm, doing debtor and creditor bankruptcy work, family law, and even some criminal cases. After gaining...

Is a CARES Act Stimulus Payment Exempt?

April 26, 2020

By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN) Introduction Since April 1, 2020, many unemployed people in the United States have begun to receive "a recovery benefit" in the amount of $1,200.1 These payments, under the CARES Act2 stimulus program, were intended to provide some relief to suffering Americans. However, the most financially distressed Americans, perhaps with existing,...

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ABI Commission on Consumer Bankruptcy – Student Loans – Suggested Statutory Changes

April 21, 2019

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN) Section I. Student Loans, Part I Statutory Suggestions When the Commission asked participants to identify the most important issue in consumer bankruptcy, all three committees were told the same thing: the role of bankruptcy in the field of student loans. All three committees looked at the issue and proposed...

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Related Articles

Bulletin: SBRA Postscript, the Definition of Income, and Changes to Section 1113(b)(1)(B) and (C)

Win Now, Wreck Later: A Tale of Bankruptcy and Mortgage Servicing

City of Chicago v. Fulton And the Turnover Conundrum

The Irony of Filing a Motion to Dismiss with Prejudice

Taxes, Offset, and Mutuality

Critical Case Comment– Reverse Mortgage May be Modified

Meet the First Black Woman to Serve as Chief Judge for Federal Bankruptcy Court in Cleveland

Meet the New Trustee

Is a CARES Act Stimulus Payment Exempt?

ABI Commission on Consumer Bankruptcy – Student Loans – Suggested Statutory Changes

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