Ask Ms. Ps & Qs

By Professor Nancy Rapoport

Dear Readers:

Remember that old expression, “in for a penny, in for a pound”? That’s the best way to capture the notion of “appearance counsel.” When a lawyer decides to be “just” appearance counsel, that lawyer is taking on some serious risk.

In large law firms, there is almost always someone who can pinch-hit at a hearing when the primary lawyer is double-booked or otherwise unavailable, and the firm represents the client, not just the individual lawyers on the matter. But what happens when a small-firm lawyer or a solo . . .

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From the Editor – Discharge Injunction

May 31, 2020

By The Honorable William Houston Brown (Retired) Only bankruptcy court issuing discharge order can enforce injunction. The Fifth Circuit held that only the bankruptcy court issuing a discharge order has authority to enforce the discharge injunction. The opinion reviews pre-2005 Code provisions and current 28 U.S.C. § 1963, citing other Circuits that “have insisted on a return to the bankruptcy...

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From the Editor – Discharge

June 7, 2020

By The Honorable William Houston Brown (Retired) Hardship discharge denied. Section 1328(b)’s requirements for hardship discharge are conjunctive and failure to satisfy any one of three conditions results in denial. Reviewing judicial decisions on requirements of the statute, the court considered “the extent of a debtor’s accountability and degree of control; the substantiality and foreseeability of the changed circumstances at...

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Critical Case Comment – Punitive Damages? Yep.

Henry E. Hildebrand, III

March 10, 2024

Punitive damages can be awarded for a violation of Rule 3002.1 even where there are no compensatory damages, other than attorney’s fees.

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What A Bankruptcy Lawyer Is Thankful For

Cathy Moran

November 19, 2023

On Thanksgiving, I’m mindful of how precious the American approach to insolvency is.

Tax Projections and the Means Test

September 15, 2019

By Cathy Moran, Esq. (Redwood City, CA) Mention tax calculations to a bankruptcy attorney and 7 out of 10 freeze on the spot. I'm not a tax attorney, they retort. That's right, but, if you are a bankruptcy attorney, that doesn't relieve you from knowing enough tax to get the means test right. Not to mention not giving up your...

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ABI Commission on Consumer Bankruptcy – Collateral Repossessed Pre-Petition

October 6, 2019

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN) One of the most difficult situations faced by a debtor and debtors’ counsel is the repossession of important collateral securing a debt owed to a creditor. These items, such as automobiles, furniture, boats, and mowers which have been pledged to a creditor are important – often critical – to...

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Vesting of Property in the Debtor Cuts Off Creditor’s Rights, Ninth Circuit Says

January 26, 2020

By Cathy Moran, Esq. (Redwood City, CA) Clouds of uncertainty have hovered over Chapter 13 debtors who find that they need to sell appreciated property before the case is over. Does appreciation occurring after filing go to creditors on the theory that the appreciation is property of the estate? Or does the vesting of property at confirmation entitle the debtor...

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The Power of a Checklist

Jay S. Jump

March 12, 2023

Recently, I had the pleasure of a great conversation with Chapter 13 Trustee, Thomas McDonald, from the EDMI. As it turns out, we have both been pilots for a long time. Once we came to this realization, our conversation quickly devolved from the issues confronting the bankruptcy industry to talk of density altitude, mountain flying, and the importance of using...

Why Chapter 13 Is a Good Idea: Outcomes and Measures of Success

The NACTT Emeritus Trustees

September 17, 2023

Recently Upsolve printed an article titled: “Why is Chapter 13 Probably A Bad Idea” by Jonathan Petts, July 27, 2023. In a nutshell the article says an unsuccessful Chapter 13 can leave you in worse financial shape. Further it states that it costs more than Chapter 7 and is less likely to be successful. Additional points by Upsolve are: Chapter...

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More Federal Student Loan Debt Relief is Coming

Scott Waterman

March 24, 2024

An ordinary title for a very NON-ordinary article! A computer program which will accurately predict whether a borrower will default and relief extended based on the data. WHAAAT???

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Related Articles

From the Editor – Discharge Injunction

From the Editor – Discharge

Critical Case Comment – Punitive Damages? Yep.

What A Bankruptcy Lawyer Is Thankful For

Tax Projections and the Means Test

ABI Commission on Consumer Bankruptcy – Collateral Repossessed Pre-Petition

Vesting of Property in the Debtor Cuts Off Creditor’s Rights, Ninth Circuit Says

The Power of a Checklist

Why Chapter 13 Is a Good Idea: Outcomes and Measures of Success

More Federal Student Loan Debt Relief is Coming

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