Litigating the Personal Use Question under § 1325(a)’s Hanging Paragraph: The Parol Evidence Rule, Totality of Circumstances Test, and Burden of Proof

Judge Colleen A. Brown has served as the U.S. Bankruptcy Judge for the District of Vermont since April, 2000. She holds a B.A., cum laude, with honors in philosophy, from Colgate University (1979) and a J.D., cum laude, from Buffalo Law School (1983). She is the recipient of the New York State Bar Association's President's Pro Bono Service Award in 1992 and of the Vermont Bar Association’s Pro Bono Service Award in 2006, and is an author for Collier on Bankruptcy 15th edition.It looks like you are not signed in or registered! This content is only available to members.

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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...

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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 – Listing a Debt “Just in Case”

Henry E. Hildebrand, III

October 29, 2023

An interesting decision – one we would like for you to weigh in on. Did the Judge get it right? Is this a win for Creditors? Is this yet another case that requires more work from Debtors’ Counsel? Let us hear from you.

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Courts are Expanding the Protections of Bankruptcy Rule 3002.1

Debbie Langehennig, Cameron Kelly

October 9, 2022

As a prerequisite to a claim’s payment, Rule 3002.1 requires certain secured creditors to provide to the trustee and the debtor notice of the full value of the secured creditor’s claim, including any “fees, expenses, and charges” related to the claim. Two bankruptcy courts have demonstrated a willingness to expand the reach of Rule 3002.1’s noticing requirements. These courts generally...

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Chapter 13 NoLook Fees: The Horns of a Dilemma

Cathy Moran

December 3, 2023

“We’re confronted with a dilemma: if we pay practitioners fairly,we price ourselves out of reach of the very individuals we hope to help.”

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Can a Secured Claim Still “Ride-Through” Bankruptcy Despite BAPCPA? Part 2: Looking Beyond In re Rhodes

Lawrence R. Ahern, III

February 27, 2022

Background A recent Chapter 7 case out of the Bankruptcy Court for the Southern District of California, In re Rhodes,1 addressed reaffirmation in a context that should be of interest to debtor's attorneys. As explained in Part 1, Rhodes points out that the "ride-through" of a debtor's secured debt after a Chapter 7 — which Congress . . . It...

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Beyond Professional Ethics

July 25, 2021

By Merideth Akers, CPA, PHR, Comptroller forBradford W. Caraway (Birmingham, AL) I am a Certified Public Accountant (CPA) and a Professional in Human Resources (PHR). I suspect that many who read this article are Licensed Attorneys. Others may hold a certification from other professions. These entities have their own rules of professional ethics and conduct that govern what we are...

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Legal Aid and Who Are Our Chapter 13 “Customers”

January 31, 2021

By Rachel Jones, Staff Attorney to Chapter 13 Standing Trustee Chris Micale, Western District of Virginia (Roanoke) The events of 2020 have had a devastating impact on the very low-income population. The working poor are struggling, particularly those working in sectors such as hospitality and tourism. State and Federal funding and local programs such as food banks and community action...

Critical Case Comment – How Many Cats?

Henry E. Hildebrand, III

August 7, 2022

Even though the Chapter 13 debtor’s 36 cats were property of the estate, the county animal control office could pursue possession of the cats and resulting disposition (by way of adoption). (Hagenau) In re Karen Mitchell-Smith, 2022 WL 2195466 (Bankr. N.D. Ga. June 17, 2022) Case Summary Sometime in 2021, Henry County Animal Control took possession of 36 cats that...

The Continuing Saga of Chapter 13 Trustee Fees in Pre-Confirmation Dismissals

Thomas D. DeCarlo

June 25, 2023

Courts continue to wrestle with the issue of trustee fees in pre-confirmation dismissals. The Bankruptcy Court for the Northern District of Illinois has now weighed in in In re Johnson, 2023 WL 3406597 (Bankr. N.D. Il. 2023). The facts are pretty typical. Debtor filed for Chapter 13. After 8 months and 8 confirmation hearings, the Court granted Trustee’s request for...

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