Death, FRBP 1019, and Substitution of Parties

By Neil Enmark, Staff Attorney to Chapter 13 Trustee David P. Cusick (Sacramento, CA)

“While I thought that I was learning how to live, I have been learning how to die”

Leonardo da Vinci

Debtors file a Chapter 13 voluntarily, and while you are administering their case, one of the Debtors dies. What do you do now? Whether you are the Trustee, the debtor’s surviving heirs or friends, the attorney who represented the debtor when the case was filed, or the Court, you need answers because, at the same . . .

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Lawrence R. Ahern, III

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"Finality" in Bankruptcy When is an order within a bankruptcy case "final"? When must a party to the proceeding appeal within 14 days? When may a party either seek interlocutory review or sit back and wait until something more occurs to make the order final? Final orders are appealable. In civil actions, this is a relatively easy proposition to apply...

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Critical Case Comment – Funds on Hand at Dismissal Go to Debtor. Not So Fast. 13 Trustee May Be Subject to State Court Proceedings

Henry E. Hildebrand, III

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Jan M. Sensenich

February 10, 2019

Jan M. Sensenich graduated from Windham College in Putney, Vermont in 1978 and Vermont Law School in 1983. He served as Core Faculty Member and Director of the Woodbury College Legal Clinic from 1983 to 1987and from 1990 to 1992. Jan was an Associate with Jerome I. Meyers, P.C. from 1987 to 1990 when he opened his own practice concentrating...

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From the Editor – Dismissal

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By The Honorable William Houston Brown (Retired) Dismissal with 180-day bar affirmed. The debtors had filed eight Chapter 13 cases over eight years, with each dismissed, and in 2019 the spouses filed three more cases. A mortgage creditor moved for relief from the automatic stay and dismissal in each of the cases. The cases were dismissed with a 180-day bar...

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2022 Bankruptcy Procedure Year in Review: Revised Statute and Rules and Selected Cases – Part 4 More on Arbitration Procedure

Lawrence R. Ahern, III

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Critical Case Comment – Fourth Circuit Says Easy-Peasy

Henry E. Hildebrand, III

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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.

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Ask Ms. Ps & Qs

Nancy B. Rapoport

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Critical Case Comment – Prime vs. Riskless Treasury Rate

Henry E. Hildebrand, III

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