Disbursing Agent: Should the Debtor Have a Choice?

By Barbara Foley, Chapter 13 Trustee for the Western District of Michigan (Kalamazoo, MI)

When crafting the chapter 13 plan the debtor has a number of decisions to make regarding the plan provisions. All decisions impact the function of the plan and the debtor’s success in the chapter 13, but none more than the choice of disbursing agent. This article will discuss recent case decisions and look at the statutory framework and factual situations which may result in the conflict in the disbursing agent choice. The conclusion reached is, for a variety of reasons, the Standing Chapter . . .

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The Government Shutdown and Chapter 13 Plan Arrearages – What Do We Do Now?

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By Jan M. Sensenich, Chapter 13 Standing Trustee for the District of Vermont As we reach the end of the first month of the partial government shutdown, with no end in sight, 800,000 federal workers have started missing their paychecks. As the shutdown continues, Chapter 13 trustees are weighing how best to address the inevitable question from federal government employee...

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Lenders Can’t Hide from Consequences of Misapplication of Mortgage Payments

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Who knew 20 years ago how apparently hard it is to account for money paid to you? Even if accounting for money was your business? Today’s raft of mortgage accounting issues were not ones I foresaw when I became a bankruptcy lawyer.Yet every day we encounter cases where the foreclosure notice follows the “all current” filing at the close of...

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Upon this auspicious occasion, seeing before us this eloquence of attorneys, let us recount the mighty deeds of one Herbert Lee Beskin. WHEREAS, Herbert was born and began his legal career in the last century (or we presume); and WHEREAS, a double Hoo, Herbert graduated from the University of Virginia with a B.A. in 1972, and stayed in Charlottesville to...

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In a perfectly executed world, clients who do business via an entity like a corporation or LLC would arrive with their business lives neatly separated from their personal lives. However, that’s not the world I practice in. It’s probably not yours, either. Instead, I have to sleuth out the facts, and compare them to the individual’s version. I see prospective...

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The NACTT Emeritus Trustees

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Previously the Emeritus Trustees (“ETC”) were asked to comment on “How to Manage Unprofessional and Discourteous Attorneys”. We now turn to ETC to share their collective wisdom when addressing the issues raised by incompetent, unprepared, and negligent bankruptcy counsel. Chapter 13 Trustees are required to administer cases in accordance with the duties set forth in 11 U.S.C. Sec. 1302 and...

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Fastest Way to Check Tax Refund Is ‘Where’s My Refund?’ Tool at IRS.Gov

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