A Special Shout-Out From Ms. Ps and Qs

Greetings, all! In just a few short days, I’ll get to meet some of you at the annual meeting in Anaheim, and I’m really excited about that—you’re some of the hardest-working folks I know, and you ask really interesting questions, so I’m looking forward to thanking you in person. Here’s hoping that we can meet up at the session that Judge Steven Rhodes, Pete Fessenden, and I will be heading up (I Get Around: Issues in Social Networking, Friday, August 5, at the bright and early hour of 8 . . .

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Critical Case Comment – Topping Off the Risk Factor

Henry E. Hildebrand, III

September 3, 2023

To pay present value to a secured creditor, a reorganization plan may start with a treasury rate and add a risk factor and need not start with a prime rate plus a risk factor.

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Meet a Brand Spankin’ New Trustee

The Academy

August 7, 2022

William F. Jaworski, Jr. - Bill - was appointed Chapter 13 Standing Trustee for the District of Delaware on April 1, 2022. Jaworski has very large shoes to fill as he is taking over for Michael Joseph upon his well-deserved retirement. Jaworski was born and raised in Buffalo, New York. As a hometown boy, he didn’t venture too far away...

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From 5 Divisions to 4 Grandchildren, 3+ pets, 2 Hobbies and 1 Private Practice: The “Retirement” of Robert Wilson

Katherine L. Davis

March 20, 2022

“The trouble with retirement is that you never get a day off!” [Abe Lemons] There is no better way to describe Robert Wilson in his career as an attorney, as a trustee, in his life thus far, and surely in his retirement! He has filled and will continue to fill every second of every day with meaning and purpose and...

The Brunner Student Loan Hardship Test: Alive and Well in The Big Apple

June 23, 2019

By Herbert L. Beskin, Chapter 13 Trustee for the Western District of Virginia (Charlottesville) Let’s take the following set of facts and see how it plays out in the labyrinthian world of hardship discharge of student loan debt. The case is In re Lozada (Lozada v. Educational Credit Management Corporation), 594 B.R. 212 (Bankr. S.D. N.Y. 2018). Years ago (30...

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Electronic Filing Scam Targets Attorneys

The Academy

November 17, 2024

Thanks to the Administrative Office of Courts, here is an example of the fake emails you need to watch out for.

A Review of Residential Mortgage “Stripping,” Recent Developments and the Effect of 11 U.S.C. § 1111(b) – Part 1Strategies in Modification of Residential Mortgages

July 18, 2021

By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN) Introduction The primary purpose of this two-part paper is to explore recent legislation that makes it easier for some individuals to modify the terms of their residential mortgages, especially if they are farmers or small business owners. The emphasis is on the Small Business Reorganization Act of 2019 (SBRA).1 A...

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Assessing the Ailing Business Post Pandemic

June 28, 2020

By Cathy Moran, Esq. (Redwood City, CA) Long after the human patients recover from the coronavirus, small businesses will still be ailing. And long nights will be spent deciding whether to try to stay in business. As bankruptcy lawyers, we’re going to see people in pain trying to assess what to do next. Business owners may see the exit heading...

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Deconstructing the Fair Debt Collection Practices Act: Obduskey Says Lawyers Conducting Nonjudicial Foreclosure Are Not “Debt Collectors”

April 7, 2019

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN) Introduction On March 20, 2019, the Supreme Court ruled unanimously in Obduskey v. McCarthy & Holthus LLP1 that actions required by state law in a nonjudicial foreclosure are not regulated by the Fair Debt Collection Practices Act (FDCPA).2 The decision resolved a split in the circuits. In addition to the...

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A Practical Approach to Using Bankruptcy Rules Effectively – Part 7

Beverly M. Burden

April 20, 2025

Part 7 of this series looks at notice to creditors, turning to some tricky provisions in 11 U.S.C. § 342 and in Rule 2002, with a focus on giving notice to creditors when notice must be given by mail.

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From the Editor – Dismissal

August 2, 2020

By The Honorable William Houston Brown (Retired) Undistributed funds returned to debtor upon dismissal. Under § 1327(b)’s vesting requirement, unless a confirmed plan provides otherwise, any undistributed funds held by the trustee at dismissal of the case must be returned to the debtor. Although not necessary to rely on § 347(b)(3), the conclusion on effect of vesting at confirmation was...

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