Ask Ms. Ps & Qs

By Nancy Rapoport

Thanks to the wonderful Marge Burks, I have a hypothetical to pose:

A debtor comes in to[i] file a chapter 13 case and subsequently changes his mind, choosing instead a chapter 7 filing.[ii] The debtor gives the attorney a retainer. A while later, the debtor and his bankruptcy attorney have a falling-out and, as tends to happen, the debtor reports the attorney to the bar’s . . .

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Acquisition of Post-Confirmation Property in Chapter 13: What Remains of the Estate?

February 10, 2019

By Leo G. Spanos, Senior Staff Attorney to Martha G. Bronitsky, Chapter 13 Trustee, Northern District of California (Oakland Division) Courts around the country are split on whether property acquired post-chapter 13 confirmation remains property of the estate or vests in the debtor for all purposes absent contrary language in the plan or confirmation order under 11 U.S.C. § 1327(b).1...

Members

Critical Case Comment–Tardy Filed Stay Extension: Too Bad Too Sad

Henry E. Hildebrand, III

January 7, 2024

Court lacks authority to extend stay in a case with a one-time repeat filer within a year of the previous case especially where the matter is tardily raised.

Members

Escrow 102 – Part 4 of 4

October 17, 2021

By Michael J. McCormick, Esq., McCalla Raymer Leibert Pierce, LLC (Roswell, GA) Escrow 101 - Part 1 Escrow 101 - Part 2 Escrow 101 - Part 3 Escrow 102 - Part 1

Members

Can a Secured Claim Still “Ride-Through” Bankruptcy Despite BAPCPA? Part 2: Looking Beyond In re Rhodes

Lawrence R. Ahern, III

February 27, 2022

Background A recent Chapter 7 case out of the Bankruptcy Court for the Southern District of California, In re Rhodes,1 addressed reaffirmation in a context that should be of interest to debtor's attorneys. As explained in Part 1, Rhodes points out that the "ride-through" of a debtor's secured debt after a Chapter 7 — which Congress . . . It...

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Teaching Old Dogs New Tricks: New Ideas for Treatment of Student Loans in Bankruptcy

May 12, 2019

By Robert B. Branson and Tammy Branson, Branson Law PLLC (Orlando, FL) Congress’ goal of bankruptcy is for the honest debtor to get a fresh start. Since most federally guaranteed student loans are nondischargeable, the current outcome is a “false start” instead of a fresh start. Resolving a $1.5 trillion student loan crisis is problematic in that the caselaw was...

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Legal Aid and Who Are Our Chapter 13 “Customers”

January 31, 2021

By Rachel Jones, Staff Attorney to Chapter 13 Standing Trustee Chris Micale, Western District of Virginia (Roanoke) The events of 2020 have had a devastating impact on the very low-income population. The working poor are struggling, particularly those working in sectors such as hospitality and tourism. State and Federal funding and local programs such as food banks and community action...

Volunteering is Great But Not If You Expected Payment

Henry E. Hildebrand, III

June 9, 2024

Although Acevedo does not prohibit the court from entering an order ex post facto, to obtain an order authorizing employment of a professional effective from the date of filing application, must be based upon compelling and unusual circumstances.

Members

Pay Down Debt or Save – Which Should Come First?

Cathy Moran

August 25, 2024

Pay off debt first or start saving now? A question you, as a debtor attorney, are often asked. It’s a debate almost as convoluted as which came first, the chicken or the egg?

Members

Critical Case Comment – Frontloading Attorney’s Fees

Henry E. Hildebrand, III

August 6, 2023

Nothing prohibits the confirmation of a Chapter 13 plan which frontloads the payment of attorney’s fees ahead of payments to secured and other creditors.

Members

“Jan Hamilton” – Need We Say More?

Teresa L. Arnold

September 25, 2022

Just prior to a confirmation docket in September of 2006, a local creditor attorney asked me if I would be interested in coming to work at his firm. The chapter 13 trustee was in the room and could not help but overhear. After the docket that trustee asked me if I was looking for a job. I wasn’t . ....

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Related Articles

Acquisition of Post-Confirmation Property in Chapter 13: What Remains of the Estate?

Critical Case Comment–Tardy Filed Stay Extension: Too Bad Too Sad

Escrow 102 – Part 4 of 4

Can a Secured Claim Still “Ride-Through” Bankruptcy Despite BAPCPA? Part 2: Looking Beyond In re Rhodes

Teaching Old Dogs New Tricks: New Ideas for Treatment of Student Loans in Bankruptcy

Legal Aid and Who Are Our Chapter 13 “Customers”

Volunteering is Great But Not If You Expected Payment

Pay Down Debt or Save – Which Should Come First?

Critical Case Comment – Frontloading Attorney’s Fees

“Jan Hamilton” – Need We Say More?

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