Do I Really Have to Tell the Trustee About Newly Acquired Assets?

It has long been a vexing question for Trustees and attorneys alike: do Debtors have to disclose assets acquired post-petition? In a lengthy and well-documented opinion, Chief Bankruptcy Court Judge John Waites of South Carolina has presented his take on this issue and concluded, with some important exceptions, that they do not. The case is In re Thomas L. Boyd, Bankr. S.C., #13-02924-JW (7/17/20 opinion).

The Debtor filed his Chapter 13 case in May, 2013. In July, 2018, while still in Chapter 13, he suffered injuries from an . . .

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Herbert L. Beskin

Chapter 13 Standing Trustee for the Western District of Virginia (Retired) (Charlottesville)

Herbert L. Beskin practiced consumer bankruptcy law for 25 years in Charlottesville before being appointed a Chapter 13 Bankruptcy Trustee for the Western District of Virginia in 2003. He has been a Virginia CLE lecturer since 1993, has written articles for The Virginia Lawyer and The NACTT Academy’s website ConsiderChapter13.org, and has taught law related courses at both the University of Virginia and Piedmont Virginia Community College. From 1991 to 1997 he served on the Board of Governors of the Bankruptcy Law Section of the Virginia State Bar. He has co-authored two chapters of the Virginia CLE publication Bankruptcy Practice in Virginia: Chapter 7 practice in the 1st edition with Douglas Little, and Chapter 13 practice in the 2nd and 3rd editions with Judge Rebecca Connelly. Herb retired in 2023.

From the Editor – Classification

August 9, 2020

By The Honorable William Houston Brown (Retired) Separate classification and preferential treatment of student loan debt. The Chapter 13 trustee and debtors’ attorney attempted to change the traditional approach in the District, seeking approval of a permissible fair discrimination in favor of student loan debt in plans so long as the preferential treatment and discrimination was no more than 20%....

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Forced Vesting by Any Other Name – Just Might Work

August 4, 2019

By Academy Staff Those who have been around consumer bankruptcy for a while remember the halcyon days when a Debtor surrendered property in the Plan; Plan was confirmed; lender would foreclosure and file its deficiency claim; Debtor would complete the Plan; and obtain a discharge of all unsecured debts including the deficiency balance. Lenders were able to realize on the...

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ABI Commission on Consumer Bankruptcy – Student Loans – Suggested Regulatory and Judicial Changes

May 5, 2019

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN) Section I. Student Loans, Part II – Suggested Regulatory and Judicial Changes In our last installment of the Academy Report on the ABI Commission on Consumer Bankruptcy we dealt with the ABI Commission’s suggested statutory modifications which could address some of the problems facing borrowers confronted with substantial student...

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The Complex World of Interspousal Claims in Bankruptcy

Cathy Moran

May 1, 2022

Traps and grey areas abound when one spouse files bankruptcy during or after a divorce. Inattention by the non-filing spouse can result in the bankruptcy discharge of spousal claims that might actually be nondischargeable. One of those traps involves the differing treatment in bankruptcy of debts to a former spouse incurred in the course of a divorce (Bankruptcy Code §523(a)15))...

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Ask Ms. Ps & Qs

Nancy B. Rapoport

November 26, 2023

“ . . . how can I not write about an opinion that begins, “This is a case of sue first and ask questions later”? We all know that Judge Christopher Klein has a way with words and a precise and methodical way of approaching statutory analysis.”

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ABI Commission on Consumer Bankruptcy – Judicial Estoppel

June 30, 2019

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN) Over the past twenty years, the judicial estoppel doctrine has had a significant impact on people who file bankruptcy. Judicial estoppel has grown to be a significant issue within the consumer bankruptcy system. The Commission was asked to address it. Judicial estoppel is a doctrine created to protect the...

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An Update on Student Debt Relief and What this Means for Chapter 13 Practitioners

MaryAnn Bennett Bride

November 20, 2022

What is the Student Debt Relief Plan? On August 24, 2022, President Joe Biden announced a three-part student debt relief plan to help borrowers transition back to regular payments as pandemic-related support expires. The plan includes loan forgiveness of up to $20,000 for Pell Grant recipients with loans held by the Department of Education and up to $10,000 in debt...

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Small Business Reorganization Act…(“SBRA”) H.R. 3311 – Part Three

October 6, 2019

By Jan Hamilton, Chapter 13 Standing Trustee (Topeka, KS) Click here for Part One Click here for Part Two What needs to be in a plan filed in a case under the SBRA? Start with the statute…1 A. Contents of Plan2 Comparison of “Contents . . . It looks like you are not signed in or registered! This content is...

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In the Trenches: Secrets to Settlement – Competency in the Courtroom Part 3 of 3

June 23, 2019

By Jan Hamilton, Chapter 13 Trustee (Topeka, KS) Click here for Part 1 of 3 Click here for Part 2 of 3 19. In the Courtroom ― Leading Questions Learning how to conduct a direct examination of your witnesses is the cornerstone to your case. Early . . . It looks like you are not signed in or registered! This...

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Delinquent Utilities and Disconnection Under New Bankruptcy Provision

January 24, 2021

By Cathy Moran, Esq. (Redwood City, CA) Bankruptcy debtors with delinquent utility bills got a measure of protection from interruption in their service under an amendment to the Bankruptcy Code in the omnibus spending bill enacted December 27,2020. Individual debtors cannot have their utilities disconnected as long as they make some payment for service provided promptly after the commencement of...

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