Ask Ms. Ps and Qs

By Professor Nancy Rapoport, University of Nevada

Dear Readers:

The marvelous, indefatigable Regina Logsdon just forwarded me this hypothetical:

Post-confirmation, debtor/client gets upset with attorney. Let’s assume for this scenario that the attorney hasn’t done anything wrong – perhaps just a difference of opinion on a plan modification (or not).

Debtor/client says ugly things to attorney – name-calling, etc. THEN calls back and tells the after-hours answering service (a human being) that attorney is a “crook.”

Should the attorney brush it off; report . . .

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Topp – Upending Till??

Jody Bledsoe

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The Eighth Circuit recently released its Topp opinion. At issue was the appropriate starting point for determining the discount rate to be used when paying secured claims under a chapter 12 plan. The debtor, who had gained confirmation of his plan before the bankruptcy court, proposed paying claims to Farm Credit Services over 20 years at a rate based on the...

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Nicole P. Novak

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The Bankruptcy Code imposes many duties on attorneys. One such duty requires attorneys to disclose compensation for services in contemplation of, or in connection with a bankruptcy case.1 Debtor attorneys know to disclose their fees at the start of the case. Attorneys that forget to timely file a compensation disclosure typically receive a gentle reminder to do so. However, in...

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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...

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Judge Deborah Thorne, NDIL, and Judge Kathy Surratt-States, EDMO, on behalf of the NCBJ’s DEI Committee, have written two articles about some of judicial firsts.

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Related Articles

Topp – Upending Till??

Critical Case Comment – Topping Off the Risk Factor

Extensions of CARES Act Provisions By COVID-19 Bankruptcy Relief Extension Act of 2021

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Another Defeat of Bifurcated Chapter 7 Fees

From the Editor

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