By Sean G. O'Hair, Staff Attorney to Chapter 13 Standing Trustee Nancy Curry (Los Angeles, CA) Recent changes to the Handbook for Chapter 13 Standing Trustees promise to bring renewed scrutinyto the reasonableness of document requests by a chapter 13 trustee for documents that are not otherwise required to be provided by law.1 The basic idea appears to be that...

In the case of In re Ilyev, 17-12987-KHK (Bankr. E.D. VA July 26, 2022), Judge Kenney granted the Chapter 13 Trustee’s motion to modify the plan to require the Debtor to repay some of the $29,250 of disposable income he retained by not making his mortgage payments during an 18-month Covid forbearance. The Debtor never disclosed to the Trustee, or...

By Henry E. Hildebrand, III and Sloan Hastings Section 521(a)(7) requires a chapter 7 debtor to file a statement of intention for “debts secured by the property of the estate.” The debtor must choose to (1) reaffirm the debt, (2) surrender the collateral, or (3) redeem the collateral. Reaffirming the debt contractually binds the debtor to pay the debt even...

If all the children in Lake Woebegon are above average, all the small businesses our clients run are quite valuable.If the Chapter 13 trustee is asking the question, anyway. I rail when the Chapter 13 trustee’s business questionnaire asks, “how much would you sell your business for.” Phrased that way, the question implicates all kinds of facts that aren’t in...

It is always troublesome when an individual bankruptcy petition is filed by power of attorney. It may be less of a concern in a chapter 7 case when the debtor is in the military, incarcerated, or temporarily disabled. More worrisome is the incompetent or advanced aged debtor who has been placed in a chapter 13 by someone holding a power...

It is with sadness that we announce the death of retired U.S. Bankruptcy Judge, James J. Barta, Sr. on Tuesday, November 7, 2023. Judge Barta served as a Bankruptcy Referee in the Eastern District of Missouri beginning in 1978, then a Bankruptcy Judge from 1986 through 2006, including three stints as Chief Judge. Before serving with the Court, Judge Barta...

Offering time-saving alternatives to a telephone call, the IRS reminds taxpayers they can get fast answers to their refund questions by using the “Where’s My Refund?” tool available on IRS.gov and through the IRS2Go app. The IRS issues nine out of 10 refunds in less than 21 days, and the fastest way to get a refund is to use IRS...

Appeals Court Names Erie Lawyer as Newest Bankruptcy Judge – John C. Melaragno has been named the new judge for the Erie Division of U.S. Bankruptcy Court for the Western District of Pennsylvania