Logical Fallacies Combined With Existentialism: Can A Chapter 7 Trustee Recover Property of a Chapter 13 Trustee Which No Longer Exists?

Or, “A Debtor’s Guide on How to Avoid Discharge in Bankruptcy in 10 Easy Steps”

By Karen Oakes, Klamath Falls, OR

Robert T. Zung’s recent article, “Tax Refund, Income Not Required to Be Given To Bankruptcy Trustee, Court Holds” would make any consumer bankruptcy attorney’s heart skip a beat or two in anticipation and excitement as each attorney visualized the sudden ending of all Motions to Dismiss for Failure to Turnover a Tax Refund by Chapter 7 or Chapter 13 Trustees. The title of that Bureau of National Affairs article, probably edited for . . .

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To Conduit, Or Not To Conduit? That Is The Question. Or Less Shakespearean: “Conduit Mortgage Case Law”

The Honorable John P. Gustafson

January 15, 2023

Conduit vs. Direct Mortgage Payments – The Case Law To Consider1 The requirement that debtors pay their mortgage payments to their Chapter 13 Trustee as a “conduit” has advantages and disadvantages. One advantage is the fact that the Chapter 13 Trustee’s records are readily accepted by both the court and creditors in the event of a payment dispute. This advantage...

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Meet a Newish Trustee

The Academy

June 18, 2023

By Regina Logsdon, Academy Executive Director Erin M. McCartney was appointed as the Chapter 13 Standing Trustee for the District of Nebraska beginning on January 1, 2022. Erin stepped into metaphorically very large and capable shoes as she replaced retiring Kathleen Laughlin. Erin grew up in Illinois, graduating college from Bradley University in Peoria (Go Braves!). Law school required a...

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Critical Case Comment – But It’s a GOLF CART!

Henry E. Hildebrand, III

November 20, 2022

A golf cart is a motor vehicle and may be exempted by a Chapter 7 debtor under state law. (Loyd) In re Smith, 2022 WL 3023209 (Bankr. W.D. Okla. July 28, 2022) Case Summary Bobby Smith filed a Chapter 7 petition and listed his golf cart as an exempt asset under Oklahoma law because it was a “motor vehicle.” The...

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A Day in the Life of a Chapter 13 Trustee

May 12, 2019

By Margaret A. Burks, Esq., Chapter 13 Trustee (Cincinnati, OH) I was recently asked to expound on a “Day in the Life of a Chapter 13 Trustee.” Then Regina (Logsdon, Executive Director of ConsiderChapter13.org) asked me to write an article for the Academy. I believe in fate so here goes. Please see ‘Effective Communication Guide.’ It came out about four...

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2022 Bankruptcy Procedure Year in Review: Revised Statute and Rules and Selected Cases – Part 1 Amended Statute and Rules Amendments Not Related to SBRA

Lawrence R. Ahern, III

November 6, 2022

Introduction This year sees changes in the Code and numerous new and amended Rules of BankruptcyProcedure that are to be effective December 1. The statutory amendments and the changes in therules that do not relate to cases under subchapter V of Chapter 11 are summarized below. They will be followed, by a digest of other new and amended rule and...

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Bankruptcy Court Broadly Interprets “Engaged in Business” Requirement for Subchapter V Eligibility

May 23, 2021

By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN) Introduction The Bankruptcy Court for the District of Colorado ruled recently, in a case styled In re Ikalowych,1 that while eligibility for subchapter V of Chapter 112 requires that 50% of a debtor's debt must arise from commercial or business activities, the debtor was not required to be directly involved...

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Chapter 13 Trustee Duties, Powers, And Limitations – Part 7

November 15, 2020

By James J. Robinson, Chief United States Bankruptcy Judge, Northern District of Alabama Is the trustee’s service worth her commission? The Eleventh Circuit recently issued its opinion in In re Dukes, 909 F.3d 1306 (11th Cir. 2018), which spoke primarily to the issue of what it means for a mortgage to be “provided for” in the plan. The court found...

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Best Practices in Bankruptcy: Power of Attorney or Guardian

Michael B. Joseph

June 12, 2022

It is always troublesome when an individual bankruptcy petition is filed by power of attorney. It may be less of a concern in a chapter 7 case when the debtor is in the military, incarcerated, or temporarily disabled. More worrisome is the incompetent or advanced aged debtor who has been placed in a chapter 13 by someone holding a power...

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Consumer Foreclosure Procedures

October 23, 2020

What A Bankruptcy Lawyer Is Thankful For

Cathy Moran

November 19, 2023

On Thanksgiving, I’m mindful of how precious the American approach to insolvency is.