Ask Mr. Civil Procedure Man

When Mr. Civil Procedure Man agreed to write for this site, he thought he made it clear to your Editor who, he might note, is (or was) his trusted colleague, that he was uninterested in questions that would require him to steep himself in arcane matters of bankruptcy practice. Rather, Mr. Civil Procedure Man saw his function as that of serving uninformed members of the bankruptcy bar by educating them about how the Federal Rules of Civil Procedure incorporated in the bankruptcy rules operate, for such use as they may put Mr. Civil Procedure Man’s wisdom. Despite this understanding . . .

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When the Duty to Provide Tax Returns Collides with Confidentiality

Michael B. Joseph

February 6, 2022

Bankruptcy Code Section 521(e)(2)(A)(i) and (ii) provides that a debtor must supply tax returns to the trustee in a chapter 7 or 13 case, and to a creditor who timely requests such copy. Must the debtor provide copies that contain personal identifying information such as names, addresses and social security numbers of dependents including minor children? Or a redacted version...

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New Federal Guidance on Discharging Student Loans in Bankruptcy Is a Game Changer

Robert B. Branson, Tammy Branson

March 26, 2023

The Justice Department, in partnership with the Department of Education, recently announced new guidelines that loosen the strict application of the “undue hardship” exceptionwhen defending a student loan dischargeability action. This new guidance is a game changer. In the past the Department of Justice narrowly applied the undue hardship exception when defending discharge of student loans to the extent that...

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Recent Study of New Student Loan Discharge Process Shows Increase in Loan Litigation in Bankruptcy

Scott Waterman

February 2, 2025

While you may want to read all 44 pages, Trustee Waterman has done an excellent job of breaking it down.

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Bankruptcy Courts Grapple with the “COVID-19 Discharge” – Appendix A

April 18, 2021

Bankruptcy Courts Grapple with the “COVID-19 Discharge” APPENDIX A 11 U.S.C. § 1328 Discharge (Text added by CAA, effective: December 27, 2020 and subject to one-year sunset, appears in italics.) (Mandatory and precatory directions to the court, critical to the statutory analysis in In re Ritter, appears in bold.) (a) Subject to subsection (d), as soon as practicable after completion...

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An Open Thank You Letter to NACTT – Reflections from a New(er) Trustee: My First Two Years

March 7, 2021

By Dynele Schinker-Kuharich, Chapter 13 Standing Trustee (Canton, OH) I vividly remember getting the call that I was to be appointed as a Standing Chapter 13 Trustee (effective October 1, 2018). I was so honored, and humbled, and excited. At the time I was a panel Chapter 7 Trustee, but my heart had always been in Chapter 13. As corny...

Meet Another Trustee

February 10, 2019

In June of 2017 Michele T. Hatcher was appointed Chapter 13 Standing Trustee for the Northern District of Alabama, Northern Division. Ms. Hatcher replaces retiring Trustee Michael Ford. She maintains her office in the quaint Southern town of Decatur which is nicknamed “The River City” because it is on the banks of Wheeler Lake, along the Tennessee River. Prior to...

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The Dollar Dance: Boosting Deductions in Bankruptcy’s Means Test

Cathy Moran

November 24, 2024

“Every extra dollar deduction you can wring out on bankruptcy’s means test is important. A dollar doesn’t sound like a lot, . . . Every $100 saves $6000. Get the picture?”

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Lisa L. Lambert Appointed as U.S. Trustee for the Northern and Eastern Districts of Texas

The Academy

December 1, 2024

Lisa L. Lambert has been appointed by Attorney General Merrick B. Garland as the U.S. Trustee for the Northern and Eastern Districts of Texas (Region 6). Lambert replaces Kevin M. Epstein, who filled the Region 6 role in an interim capacity and who continues to serve as the U.S. Trustee for the Southern and Western Districts of Texas (Region 7).

Vesting Victories: Chapter 13 Debtors Shielded Against Unlisted Asset Claims

Henry E. Hildebrand, III

August 25, 2024

Once a Chapter 13 case is completed and the debtor receives a discharge, the trustee cannot seek to reopen the case for the purpose of grabbing an undisclosed, prepetition asset and then converting the case to a Chapter 7 so it could be administered.

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Analyzing the Troubled Chapter 13 During COVID19

May 3, 2020

By Cathy Moran, Esq. (Redwood City, CA) After the pandemic, when the economy lurches back into motion, bankruptcy lawyers will confront a clutch of troubled Chapter 13 cases. In the face of disruption, distress, and the unknown, we'll be called on to guide clients forward, in one direction or another. Let's review the questions we'll need to answer in order...

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