Ask Ms. Ps & Qs

By Professor Nancy Rapoport

Dear Readers:

Judicial opinions are often dry, stick-to-the-facts things. Sometimes, though, a judge writes an opinion that is both useful and fun to read. Judge Stacey Jernigan’s opinion in Milbank v. Sharpshooter II, Inc. (In re Worldwide Diamond Ventures, LP), 2016 WL 5395832 (Bankr. N.D. Tex. 2016), is an example of the latter type of opinion.

In this Chapter 7 case, the fate of the “Pink Diamond” involves the issue of whether the defendant paid so much for the Pink Diamond that the sale was a constructively . . .

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From the Editor – Claims

October 20, 2019

By The Honorable William Houston Brown (Retired) Debtor’s objection to tax claim for being “too low” was rejected. Noting that the debtor could not benefit prior to distribution to creditors, in event trustee found assets for distribution, debtor’s objection to claim filed by tax creditor on basis that claim was “too low” was rejected. “The debtor comes last, not first,...

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Fourth Circuit: Brittner v. Beach Anesthesia

Edward C. Boltz

June 25, 2023

Summary: Brittner filed an adversary proceeding against Beach Anesthesia alleging violations of the automatic stay, but the bankruptcy court (affirmed by the district court) held that she had either failed to establish actual damages or to mitigate damages. The Court of Appeals held that that Brittner needed to satisfy a five-part test to establish a violation of the automatic stay: (1) that a bankruptcy...

Eviction Diversion Programs and Chapter 13 Bankruptcy

February 3, 2019

By Edward C. Boltz, The Law Offices of John T. Orcutt (Durham, NC) (Originally published in pertinent part at ncbarblog.com, December 19, 2018) With the publication of Evicted: Poverty and Profit in the American City, author Matthew Desmond has brought increasing attention both nationwide and in North Carolina to the growing eviction crisis. With . . . It looks like...

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Practice Pointers for Arguing Motions

December 6, 2020

By William Sawyer, Chief U.S. Bankruptcy Judge for the Middle District of Alabama (Montgomery) (Used with permission. Court News and Views, Volume 18, October 2020) Lawyers who practice regularly in bankruptcy court invariably make many appearances at motion dockets. This article provides practice pointers to lawyers who do not practice often in this Court to familiarize them with our procedures...

Meet the New Trustee

October 3, 2021

Jack N. Zaharopoulos was appointed as the Chapter 13 Standing Trustee for the Middle District of Pennsylvania on May 1, 2021. He succeeded Charles DeHart after his retirement. After graduating from Marquette Law School in Milwaukee in 2002, Zaharopoulos worked at a general practice firm, doing debtor and creditor bankruptcy work, family law, and even some criminal cases. After gaining...

Escrow 102 – Part 1 of 4

September 26, 2021

By Michael J. McCormick, Esq., McCalla Raymer Leibert Pierce, LLC (Roswell, GA) Escrow 101 – Part 1 Escrow 101 - Part 2 Escrow 101 – Part 3 Escrow 102 – Part 2

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What’s It Worth to You?

Cathy Moran

August 21, 2022

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...

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Tax Projections and the Means Test – Parts I and II

Cathy Moran

December 17, 2023

Part I discusses projecting income tax deductions on the means test when the year of filing situation looks much like last year. Part II looks at things when they aren’t the same year over year.

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2022 Bankruptcy Procedure Year in Review: Revised Statute and Rules and Selected Cases Part 8 Selected Decisions Under Part III of the Federal Rules of Bankruptcy Procedure

Lawrence R. Ahern, III

April 30, 2023

Introduction 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. Part 1 of this series summarized . . . It looks like you...

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Representing Elderly Clients in Bankruptcy – Part 2 of 3

January 12, 2020

By David Cox,1 Cox Law Group, PLLC (Lynchburg, VA) Click here for Part 1 of 3 C. Determining whether to file. Collection considerations outside of bankruptcy. Is the debtor judgment-proof? Are assets and income exempt? How active are creditors? Is the current situation likely to change? Has there been a previous filing, and if so, are there stay or exhausted...

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Related Articles

From the Editor – Claims

Fourth Circuit: Brittner v. Beach Anesthesia

Eviction Diversion Programs and Chapter 13 Bankruptcy

Practice Pointers for Arguing Motions

Meet the New Trustee

Escrow 102 – Part 1 of 4

What’s It Worth to You?

Tax Projections and the Means Test – Parts I and II

2022 Bankruptcy Procedure Year in Review: Revised Statute and Rules and Selected Cases Part 8 Selected Decisions Under Part III of the Federal Rules of Bankruptcy Procedure

Representing Elderly Clients in Bankruptcy – Part 2 of 3

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