Chapter 13 Trustee Duties, Powers, and Limitations

By James J. Robinson, Chief United States Bankruptcy Judge, Northern District of Alabama

Who appoints the standing chapter 13 trustee?

The United States Trustee appoints the standing chapter 13 trustee for each judicial district where the UST system is in place, while the court appoints the standing chapter 13 trustee under the Bankruptcy Administrator program. See 11 U.S.C. § 1302 for the UST authority; Guide to Judiciary Policy, Vol. 9, § 210(g); and see Rule 9035, 1991 Advisory Committee note 2(e) (which points out that the bankruptcy court . . .

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Five Things Trustees Should Know About the Small Business Reorganization Act of 2019

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By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN) Introduction Four bankruptcy-related bills were enacted during the 116th Congress and signed into law on August 23, 2019.1 The legislation affected both business and consumer cases. One bill, the Small Business Reorganization Act of 2019 (SBRA),2 deals on its face with a non-consumer topic. However, it will be of great...

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From the Editor – Claims

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Supreme Court on Statute of Limitations Under Fair Debt Collection Practices Act

December 15, 2019

By William Houston Brown, Editor/Adviser Academy for Consumer Bankruptcy Education Construing the statute of limitations for actions against debt collectors under the Fair Debt Collection Practices Act (FDCA), the Supreme Court held on December 10, 2019, that “absent the application of an equitable doctrine, the statute of limitations in § 1692k(d) begins to run on the date on which the...

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From the Editor – Confirmation

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By The Honorable William Houston Brown (Retired) Good faith in plan proposal. Plan was proposed in good faith, although petition was filed only 21 days after purchase of vehicle, when plan adequately protected creditor against risk of depreciation. Opinion reviews good faith factors for plan proposal. In re Sharp, 608 B.R. 546 (Bankr. D. Kan. 2019). Compare In re Broder,...

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M. Jonathan Hayes

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By highlighting Judge Stephen Johnson's rulings and insights, Hayes brings readers an analysis of the definition of what consumer debt is . . . and is not.

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May 5, 2019

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Lawrence R. Ahern, III

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2022 Bankruptcy Procedure Year in Review: Revised Statute and Rules and Selected Cases – Part 2 Rules Related to SBRA

Lawrence R. Ahern, III

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Introduction This series reviews developments in bankruptcy procedure during 2022. Amendments to 16 rules and new one new rule take effect December 1, 2022, absent Congressional action. Many reflect changes necessitated by the Small Business Reorganization Act of 2019 (SBRA),1 and have been in place in the same or similar form on an interim basis since that legislation took effect.

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United Student Aid Funds, Inc. v. Espinosa Ten Years After

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FDIC and OCC Proposals Threaten Expansion of Predatory Lending

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