The Creditor’s Response

By Sidney H. Scheinberg with the assistance of Alexander T. Renfro, law clerk.

Both the Trustee and Debtor articles brought interesting perspectives to the table on this issue and have raised points which are incredibly important to consider, even from the more or less disconnected perspective of the Trustee. While the position of the creditor remains unchanged in that attorney fee only Chapter 13 plans or disguised Chapter 7 plans have little to no economic effect on the creditor and are thus not a pertinent issue for creditor consideration, a few points are worth discussing.

First, the . . .

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Critical Case Comment – Discharged Junior in 7 Survives in 13

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Critical Case Comment

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Rule 12(b)(1) Dismissal

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From the Editor – Discharge

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By The Honorable William Houston Brown (Retired) Failure to pay postpetition fees under Rule 3002.1 did not prevent discharge. The debtor had completed payments to the trustee and postpetition mortgage payments to the creditor, but she had not paid $1,370 in postpetition fees that had been asserted by the mortgage creditor and noticed to the debtor under Rule 3002.1. That...

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Rebecca Rogers Garcia

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Rebecca Rogers Garcia was a staff attorney for Mary B. Grossman, the Chapter 13 Trustee in Milwaukee from 2002 until November 2014. Prior to her employment with the Chapter 13 Trustee; she represented debtors in consumer cases. Ms. Garcia is on the board of the Bankruptcy, Insolvency and Creditors Rights Section of the State Bar of Wisconsin and a member...