No Forced Vesting Over Creditor’s Objection, at Least Not in Massachusetts

By Patricia M. Mayer, Esquire, Waterman & Mayer, LLP

Wells Fargo Bank, N.A. v. Sagendorph, _____WL_____, 2017 (D.Mass. Jan. 23, 2017)

The consumer debtor’s ongoing struggle to find a remedy for properties being surrendered but never foreclosed upon by mortgage lenders suffers another defeat. The June 2015 ruling by the Bankruptcy Court for the District of Massachusetts in the case of In re Sagendorph, which confirmed a debtor’s plan calling for the surrender of property to the secured lender pursuant to 11 U.S.C. §1325(a)(5), and subsequent vesting . . .

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Remembrances of a Retired Trustee

October 6, 2019

By Mike Fitzgerald It has been almost one full year since I retired as the Chapter 13 Standing Trustee in Seattle. I am happy to report that my family and I are enjoying ourselves immensely. As retirement grows more comfortable, I find myself looking back with mostly very fond memories at the nineteen years I served as a Trustee, as...

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Why Junk the Whole System When Minor Remedies Would Suffice?

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By Shannon Garrett, Esq. (Topeka, KS) As a Debtor’s bankruptcy practitioner, I was encouraged to see Senator Warren’s proposed reform plan. Bankruptcy is one of the few areas where bipartisan support and action are possible, and being a fan of the current structure, I welcome the reform as a chance to make a good system better. Chapter 7 and Chapter...

Meet A Newish Trustee

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Tiffany M. Cornejo was appointed as the Chapter 13 Standing Trustee for the District of New Mexico on December 1, 2017. She took the reins from retiring Kelley Skehen. Ms. Cornejo received her Bachelor of Science in Journalism (B.S.J.) degree at the University of Kansas in Lawrence in 2002 and remained there to obtain her Juris Doctor in 2005. She...

Lawyers are People Too: An Interview with Jenny Doling

M. Jonathan Hayes

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CARES Act Financial Hardship ‘Laundry List’

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By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN) During the free Academy webinar The CARES Act – Impacts on Chapter 13 on April 2, 2020, the panel – Judge Wm. Houston Brown (Retired), Amanda DeBerry and I – referred to the importance of detailing the reasons for modifications or suspensions to be related to financial hardship stemming...

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Passing of Wichita Attorney

The Academy

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It is with sadness that we report the passing of William (“Bill”) Schantz formerly of the Office of UST.

Creditors’ Rights and Debtors’ Protections at the Intersection of Consumer Bankruptcy and UCC Article 9

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By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN) PART VII – CONSUMER CREDITORS' PENALTIES FOR VIOLATIONS OF FORECLOSURE AND OTHER ARTICLE 9 RULES Introduction In this space, we have looked at numerous topics involving the operation of Article 9 of the Uniform Commercial Code (UCC) in bankruptcy; in the current series, we are reviewing Article 9's important rules...

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Tax Projections and the Means Test – Part II

September 22, 2019

By Cathy Moran, Esq. (Redwood City, CA) I wrote earlier about calculating the projected income tax deduction on the means test when the year of filing situation looks much like last year. But what if things aren't the same year over year? Your job as a bankruptcy attorney becomes more complicated. It's suddenly more than figuring the tax refund or...

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The Student Loan Solution

Henry E. Hildebrand, III

October 16, 2022

Recently, news stories, political pundits, social media outlets and the talking heads have become keenly aware of the growing danger imposed by burgeoning student loan debt and the economic chaos it has caused and will continue to cause. Although the crisis appears to dominate our cell phones and news feeds, bankruptcy professionals involved in consumer bankruptcy matters are fully aware...

Bankruptcy Court Broadly Interprets “Engaged in Business” Requirement for Subchapter V Eligibility

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By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN) Introduction The Bankruptcy Court for the District of Colorado ruled recently, in a case styled In re Ikalowych,1 that while eligibility for subchapter V of Chapter 112 requires that 50% of a debtor's debt must arise from commercial or business activities, the debtor was not required to be directly involved...

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