Ask Ms. Ps & Qs

By Professor Nancy Rapoport

Dear Readers:

2013 has just flown by, hasn’t it? It’s time to make our new year’s resolutions for 2014, and here are some of mine:

Keep up to date. It’s easy, when you’re busy, to say “I’ll read those cases or that article later.” I do that all the time.1 If you don’t have time to read, then go to CLEs and let other folks tell you about recent developments.2 It looks like you are not signed in or registered! This content is only available to members.

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May the Chapter 13 Trustee Keep Fees Paid Before Dismissal? – Part 2

Lawrence R. Ahern, III

April 24, 2022

Larry Ahern this week concludes a two-part examination of whether a Chapter 13 trustee may retain fees paid without a confirmed plan before dismissal. Part 1 analyzed McCallister v. Evans, a recent case accepting the trustee's position considering a division in the caselaw and analyzing relevant statutes. In this Part 2, he turns to the debtor's case, which has substantial...

Members

The Means Test Income

Cathy Moran

April 14, 2024

Many really good questions were generated by our recent Means Test webinars. Attached is a Q & A exchange on one such question regarding the 6-month commitment period.

Members

2022 Bankruptcy Procedure Year in Review: Revised Statute and Rules and Selected Cases Part 10 Once Again: The Supreme Court Hands Down a Procedure Rule in Dupree v. Younger

Lawrence R. Ahern, III

June 11, 2023

Introduction This series reviews developments in bankruptcy procedure during the past year. One new rule and amendments to 16 rules took effect December 1, 2022. Many reflected changes necessitated by the Small Business Reorganization Act of 2019 (SBRA), and had been in place in the same or similar form on an interim basis since that legislation took effect.

Members

Negotiating Plan Confirmation with Secured Creditors – Issues Involving Balloon Payments and Other Mortgage Loans Subject to Modification Under § 1322(c) – Part 3

November 22, 2020

By David Cox,1 Cox Law Group, PLLC (Lynchburg, VA) III. Providing for the Secured Mortgage Claim, as Modified. A. Does the requirement of § 1325(a)(5)(B)(iii) for equal monthly payments permit the Debtor to propose a balloon payment in the payment of the creditor’s claim? Equal Monthly Payments Required By § 1325(a)(5)(B)(iii) Does NOT Permit Debtor To Propose A Balloon Payment....

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Weighted Caseload: Why It Matters and How It Works and Doesn’t Work

Honorable Brian D. Lynch

December 31, 2023

“Currently, if a district’s weighted caseload is below one-thousand per the number of judges in that district . . . in all probability, recommend that the circuit not replace the judge.”

Members

Post-Petition Causes of Action, Inheritances and Windfalls Are Property of the Estate and Must Be Reported to the Trustee – Part 2 of 5

July 21, 2019

By John P. Gustafson, United States Bankruptcy Judge, Northern District of Ohio, Western Division Click here for Part 1 B. The Duty To Disclose Post-Petition Causes Of Action. 1. The Waldron Decision. The 11th Circuit Court of Appeals considered the issue of whether or not a post-petition cause of action is . . . It looks like you are not...

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Safeguarding the Promise of a Fresh Start: Utilizing RESPA to Challenge Mortgage Servicing Errors Post-Discharge

Stephen F. Relyea

July 10, 2022

For many of the consumer debtors my firm represents, the primary purpose of filing bankruptcy is to save their home or other real estate from being foreclosed upon by their mortgage servicer. We help those debtors file and comply with chapter 13 plans that propose to resolve their defaulted mortgages in a variety of ways, which might include curing pre-petition...

Members

From the Editor – Confirmation

March 8, 2020

By The Honorable William Houston Brown (Retired) Plan did not properly address 910 creditor’s liens. Finding that the plan did not satisfy one of the three options for addressing a secured claim under § 1325(a)(5), specifically failing to provide for the 910 creditor’s retention of lien, the Panel observed that in response to the creditor’s objection to confirmation, the debtors...

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Declining Cases and Increasing Judicial Vacancies

Kevin R. Anderson

February 18, 2024

With facts and graphs, Judge Anderson discusses lowest filing levels since ’85, the impact of filings on judgeships, weighted caseloads, judicial vacancies, and recall judges.

Members

Bankruptcy Courts Grapple with the “COVID-19 Discharge” – Appendix B

April 18, 2021

Bankruptcy Courts Grapple with the “COVID-19 Discharge” APPENDIX B Side-by-Side Comparison of 11 U.S.C. § 1328(b)-(i) and 11 U.S.C. § 1141(d)(5)(B)-(C) 11 U.S.C. § 1328(b)-(i) Discharge 11 U.S.C. § 1141(d)(5)(B)-(C) Effect of Confirmation (b) Subject to subsection (d), at any time after the confirmation of the plan and after notice and a hearing, the court may grant a discharge ....

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Related Articles

May the Chapter 13 Trustee Keep Fees Paid Before Dismissal? – Part 2

The Means Test Income

2022 Bankruptcy Procedure Year in Review: Revised Statute and Rules and Selected Cases Part 10 Once Again: The Supreme Court Hands Down a Procedure Rule in Dupree v. Younger

Negotiating Plan Confirmation with Secured Creditors – Issues Involving Balloon Payments and Other Mortgage Loans Subject to Modification Under § 1322(c) – Part 3

Weighted Caseload: Why It Matters and How It Works and Doesn’t Work

Post-Petition Causes of Action, Inheritances and Windfalls Are Property of the Estate and Must Be Reported to the Trustee – Part 2 of 5

Safeguarding the Promise of a Fresh Start: Utilizing RESPA to Challenge Mortgage Servicing Errors Post-Discharge

From the Editor – Confirmation

Declining Cases and Increasing Judicial Vacancies

Bankruptcy Courts Grapple with the “COVID-19 Discharge” – Appendix B

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