In Chapter 13, Pioneer Is Dead Of Dysentery

By John P. Gustafson, Chapter 13 Trustee, Northern District of Ohio, Western Division

The Bankruptcy Code is silent as to the deadline for filing nongovernmental proofs of claim, although it assumes that there will be a deadline. See, §501(b) and (c); §502(b)(9). The deadlines for filing proofs of claim in a Chapter 13 case are found in the Federal Rules of Civil Procedure.

Unsecured creditor "must file a proof of claim or interest in accordance with this rule for the claim or interest to be allowed." See, Bankruptcy Rule 3002(a).

Bankruptcy Rule 3002(c . . .

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Chapter 13 Trustee Duties, Powers, And Limitations – Part 2

October 11, 2020

By James J. Robinson, Chief United States Bankruptcy Judge, Northern District of Alabama What are the statutory duties of the standing chapter 13 trustee? Bankruptcy Code §§ 1302 and 704 provide the statutory framework for the trustee’s duties, and provide as follows: 11 U.S.C. § 1302. Trustee (a) If the United States trustee appoints an individual under section 586(b) of...

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From the Editor – Claims

February 9, 2020

By The Honorable William Houston Brown (Retired) Failure to include creditor on matrix not grounds to extend time for proof of claim. The Chapter 13 debtor had timely filed her list of creditors, pursuant to Rule 1007(a), but she failed to include a creditor either on that list or in the schedules, resulting in the creditor not receiving notice of...

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Negotiating Plan Confirmation with Secured Creditors – Issues Involving Balloon Payments and Other Mortgage Loans Subject to Modification Under § 1322(c) – Part 3

November 22, 2020

By David Cox,1 Cox Law Group, PLLC (Lynchburg, VA) III. Providing for the Secured Mortgage Claim, as Modified. A. Does the requirement of § 1325(a)(5)(B)(iii) for equal monthly payments permit the Debtor to propose a balloon payment in the payment of the creditor’s claim? Equal Monthly Payments Required By § 1325(a)(5)(B)(iii) Does NOT Permit Debtor To Propose A Balloon Payment....

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Can Good Facts Also Make Bad Law? Finality of Orders in Bankruptcy Revisited after Ritzen Group

Lawrence R. Ahern, III

March 20, 2022

"Finality" in Bankruptcy When is an order within a bankruptcy case "final"? When must a party to the proceeding appeal within 14 days? When may a party either seek interlocutory review or sit back and wait until something more occurs to make the order final? Final orders are appealable. In civil actions, this is a relatively easy proposition to apply...

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The Bankruptcy Moot Court Experience – Duberstein 2019

August 25, 2019

By Cameron Kelly & Michael Carroll, Law Students, The University of Texas School of Law I. Starting the Journey Instead of starting class by cold-calling people, Professor Westbrook chose to suspend my terror briefly. While I was thankful for the reprieve from what would inevitably be a disappointing cold call, I was more thankful for what he had to say....

Judicial Year in Review 2021: Revised Rules and Selected Cases – Part 1 Amended Rules

November 7, 2021

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN) Introduction This year's changes in the Rules of Bankruptcy Procedure are summarized below. They will be followed, in Part 2, by a digest of selected judicial decisions in the past year of interest for their procedural implications. December 1, 2021, Amendments to Bankruptcy Rules 2005, 3007, 7007.1 and 9036 On...

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Extensions of CARES Act Provisions By COVID-19 Bankruptcy Relief Extension Act of 2021

April 4, 2021

The CARES Act, Public Law 116-136 had amended several parts of the Bankruptcy Code, but included sunset provisions terminating March 27, 2021. The COVID-19 Bankruptcy Relief Extension Act of 2021, H.R.1651, passed by the House and Senate and signed by the President on March 27, 2021, extended some provisions for another year. Section 1113 of the CARES Act had amended...

Post-Petition Causes of Action, Inheritances and Windfalls Are Property of the Estate and Must Be Reported to the Trustee – Part 2 of 5

July 21, 2019

By John P. Gustafson, United States Bankruptcy Judge, Northern District of Ohio, Western Division Click here for Part 1 B. The Duty To Disclose Post-Petition Causes Of Action. 1. The Waldron Decision. The 11th Circuit Court of Appeals considered the issue of whether or not a post-petition cause of action is . . . It looks like you are not...

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TMI: Too Much Information

Marie-Ann Greenberg

August 6, 2023

Practice Point: Just because it is an unsecured claim does not mean that it should be ignored. Review all claims for inappropriate violations and disclosure of personal identifiers! Keep track of serial violators for possible use in future requests for contempt and sanctions. With all of the emphasis these days on transparency and the requirement for more and more information...

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Disregarding Bankruptcy Protections Can be Costly: How Courts Decide Punitive Damages Awards for Stay Violations

December 15, 2019

By Veronica D. Brown-Moseley and Stephen F. Relyea1 The automatic stay serves as a shield that immediately protects debtors in bankruptcy and their property from a host of creditor collection actions ranging from foreclosure, repossession, and garnishment to collection letters and phone calls. In most instances, the filing of a bankruptcy case forces creditors to cease all collection actions and...

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