More - On Debtor Math • NACTT Academy

More – On Debtor Math

By Helen M. Morris, Chapter 13 Standing Trustee for the Northern and Southern Districts of West Virginia

Maybe it’s caused by the “Super Discharge” we lauded for a quarter century before BAPCPA. Or maybe it’s simply that “discharge” seems like a magic wand that makes liability disappear. For whatever reason, bankruptcy documents seem to elicit fantasies.

Take, for example, the recently dismissed case of debtors whose NET monthly income was $1,479.00, their living expenses $1,379.00 and their monthly plan payment $1,300.00. The purpose of the bankruptcy filing was to save . . .

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Passing of Memphis’ Beloved Judge Kennedy

The Academy

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The Honorable David S. Kennedy, retired Chief U. S. Bankruptcy Judge, Western District of Tennessee, passed away on November 26, 2023.

Chapter 13 NoLook Fees: The Horns of a Dilemma

Cathy Moran

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“We’re confronted with a dilemma: if we pay practitioners fairly,we price ourselves out of reach of the very individuals we hope to help.”

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The Case of the Naked Client

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“The bankruptcy petition came to my desk for review with no entry for “clothing and wearing apparel”. Funny, I think I’d remember if I’d interviewed any naked people lately.” Although filled with Attorney Moran’s wit, there is an important lesson here! Feel free to add your own ‘naked client’ story in the comments section below the article.

Members

One Woman’s Opinion

December 13, 2020

By Margaret A. Burks, Chapter 13 Standing Trustee for the Southern District of Ohio (Cincinnati) Chapter 13 works. Some people wish to continually criticize Chapter 13. They criticize the success rate. They criticize racial bias. They criticize how Chapter 13 works. They also criticize the fact that Chapter 13 appears less voluntary than it was before access to Chapter 7...

When Wishes Come True

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By Helen M. Morris, Chapter 13 Standing Trustee for the Northern and Southern Districts of West Virginia Like most trustees, my case load is down, and I’ve been actively encouraging new filings. Perhaps too enthusiastically as certain new cases reflect. A bankruptcy filer who has been dormant for months filed a new case recently. Schedule A is clearly marked with...

Members

The NCBJ Is Turning 100

The Honorable Deborah L. Thorne, The Honorable Kathy A. Surratt-States

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Judge Deborah Thorne, NDIL, and Judge Kathy Surratt-States, EDMO, on behalf of the NCBJ’s DEI Committee, have written two articles about some of judicial firsts.

Bridging Relationships: Everyone Benefits

The NACTT Emeritus Trustees

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Chapter 13 Trustees occupy unique positions. Every day they work with the courts, clerks’ offices, debtors, creditors, and their attorneys, and the Office of the United States Trustees. Within ethical bounds, it is important that Chapter 13 trustees build and maintain relationships with each of these constituents. Civility, professionalism, and trust are the mainstays for all of these interactions. We...

Members

Why Your Bankruptcy Client Doesn’t Understand You (And How to Fix the Problem)

Cathy Moran

August 1, 2023

By Cathy Moran, Moran Law Group (Redwood City, CA) Bankruptcy attorneys and their clients often seem to be a pair, divided by their common language. Even without legal jargon, we talk past each other. How do we misunderstand each other? Let me count the ways: Property: I don’t have any property, lost the house to foreclosure last year. Property 2:...

Members

Rule 12(b)(1) Dismissal

Tara Trevorrow

April 7, 2024

This article looks at Rule 12(b)(1) by presenting a three-question test synthesizing decades of Eleventh Circuit case law.

Members

Critical Case Comment – No Approval No Pay

Henry E. Hildebrand, III

May 15, 2022

It is incumbent upon nonbankruptcy attorneys, including personal injury attorneys, to verify on PACER that their client is not a debtor and that the cause of action as to which they represent their client is not property of the estate; failure to obtain approval of the bankruptcy court for representing a debtor or settlement of a personal injury action is...