Ask Ms. Ps & Qs

By Professor Nancy Rapoport

Dear Readers:

I know that only students and academics think in semesters (the rest of you live in the real world), but we’re back in school now. As I look into the eyes of our students, I see fear (first-years), fatigue (second-years), ennui (third-years), and exhaustion (fourth-years).1 And that’s when they look into my eyes. Mostly, my students look away in the hope that I won’t call on them.2

But I . . .

It looks like you are not signed in or registered! This content is only available to members.

Or Sign In Below:

No Author Biography has been linked to this Article.

Avoidance Powers in Chapter 13© – Part 6 of 6

February 3, 2019

By John P. Gustafson, United States Bankruptcy Judge, Northern District of Ohio, Western Division (Toledo, OH) Click here for Part 1 Click here for Part 2 Click here for Part 3

Members

Evidentiary Issues Arising from Attempts to Prove Alleged “Facts” Stated in The Monster Mash

October 27, 2019

By Alexander Schmidt1, Law Clerk, and The Honorable John P. Gustafson, United States Bankruptcy Court for the Northern District of Ohio (Toledo) You have never heard – or seen – the Monster Mash. What have you heard, is a song ABOUT the Monster Mash. Let that sink in for a minute. Inevitably, that leads to the obvious question: What facts...

Members

Ask Ms. Ps & Qs

December 13, 2020

By Professor Nancy Rapoport Dear Readers: The ConsiderChapter13.org staff has, once again, raised an important ethics issue: how far does the attorney-client privilege go? In Taylor Lohmeyer Law Firm v. United States,1 the Fifth Circuit had to wrestle with that issue after the law firm (Taylor Lohmeyer) claimed a blanket attorney-client privilege for all documents that were subject to the...

Who Gets Grannie’s Cash – Grannie or the Bankruptcy Trustee?

Cathy Moran

February 13, 2022

When there’s a joint bank account and a bankruptcy filing, good intentions can quickly go sour. The bankruptcy trustee sees a pile of money in the bank to which the debtor has access, even though the account also bears the name of someone not in bankruptcy. If the debtor can get the money, the trustee contends, so can a bankruptcy...

Members

Critical Case Comment – $67k Windfall to Debtors. Fraudulent??

Henry E. Hildebrand, III

April 24, 2022

In re Frank, 638 B.R. 463 (Bankr. D. Colo. 2022) A Chapter 13 trustee’s request to dismiss a Chapter 13 case upon discovery of an undisclosed asset held by the debtor cannot be granted after the debtor completes payments under the plan. (Brown) Case Summary John and Jessica Frank filed a Chapter 13 petition on April 8, 2018. Prior to...

Members

Student Loans in Existing Chapter 13’s

Josh Cohen, Scott Waterman

October 1, 2023

In conjunction with The Academy’s recent webinar on Student Loans, Scott and Josh offer a follow-up check list – a MUST READ! “With all the new student loan servicing changes, what should debtor attorneys be doing as to pending chapter 13 cases where their clients owe federal student loans? Here’s the short list:”

Members

Congress, It’s Time to Get Rid of That Stupid Means Test

May 31, 2020

(Reprinted with permission: https://www.dailyjournal.com/) By M. Jonathan Hayes, Resnik Hayes, Moradi LLP (Los Angeles) I met with my best friend Jim King, consumer bankruptcy attorney extraordinaire, during the Thanksgiving break in 2014, several weeks before his untimely death. We met at his office in Glendale to do his oral history. Somewhere in there I told him he could borrow my...

Members

From the Editor – Dismissal

August 2, 2020

By The Honorable William Houston Brown (Retired) Dismissal with 180-day bar affirmed. The debtors had filed eight Chapter 13 cases over eight years, with each dismissed, and in 2019 the spouses filed three more cases. A mortgage creditor moved for relief from the automatic stay and dismissal in each of the cases. The cases were dismissed with a 180-day bar...

Members

Critical Case Comment – Post-Petition/Pre-Conversion Equity

Henry E. Hildebrand, III

July 30, 2023

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville) Post-petition, pre-conversion equity that accrues in a debtor’s residence during the pendency of a Chapter 13 plan is property of the estate in the Chapter 7 estate following conversion. (Hastings) Goetz v. Weber (In re Goetz), 651 B.R. 292 (8th Cir. BAP, June 1,...

Members

Taxes & Timing: Calculating Outcomes for Bankruptcy Debtors

Cathy Moran

December 19, 2021

Bankruptcy lawyers regularly evaluate the dischargeability of taxes when deciding when to file a client’s bankruptcy case. At base, the 3 year rule, the 2 year rule, and the 240 day rule routinely drive timing of a bankruptcy. But as we approach the end of the tax year, a client’s current year tax situation becomes another moving part in the...

Members

Ask Ms. Ps & Qs

Link to Post:

It looks like you are not signed in or registered! This content is only available to members.

Or Sign In Below:

Related Articles

Avoidance Powers in Chapter 13© – Part 6 of 6

Evidentiary Issues Arising from Attempts to Prove Alleged “Facts” Stated in The Monster Mash

Ask Ms. Ps & Qs

Who Gets Grannie’s Cash – Grannie or the Bankruptcy Trustee?

Critical Case Comment – $67k Windfall to Debtors. Fraudulent??

Student Loans in Existing Chapter 13’s

Congress, It’s Time to Get Rid of That Stupid Means Test

From the Editor – Dismissal

Critical Case Comment – Post-Petition/Pre-Conversion Equity

Taxes & Timing: Calculating Outcomes for Bankruptcy Debtors

Academy

Members

Website

Legal

Looking to Become a Member?

Webinars

Member Articles

Industry News

To get started, please let us know which of these best fits your current position: