Ask Ms. Ps & Qs

By Nancy Rapoport

Regina Logsdon forwarded me some great fodder for this month’s ethics column. Take a gander at the latest in a series of newspaper articles: http://www.twincities.com/ci_19542037?IADID=Search-www.twincities.com-www.twincities.com

I don’t mean to call this one lawyer out for her intemperate brief—my guess is that she regrets filing it—but to point to the particular part of the story that claimed that she filed the brief with the . . .

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Johnson Retires

September 29, 2019

By Academy Staff Jan P. Johnson served as a Chapter Standing 13 Trustee for the Eastern District of California, Sacramento Division, from 1998 to September 30, 2019. Prior to this appointment, he served as Chapter 13 Standing Trustee for the District of Puerto Rico from 1989 where he was responsible for over 25,000 cases. He was also appointed as Standing...

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The NACTT Emeritus Trustees

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A question recently presented to the NACTT Emeritus Trustees is “the change to chapter 13 law I’d most like to see?” Here is a summary of their responses. This question was presented by a ConsiderChapter13.org reader. If you have a question for the Emeritus Trustees or Ms. Ps & Qs (ethics), please submit them here.

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Score One for the United States Bankruptcy Court in the Service of the African America Community[1]

August 11, 2019

By Selwyn D. Whitehead, Esq. Because inquiring minds need to know; below is a discussion of the Johnson Publishing Company, LLC’s Chapter 7 Liquidation Bankruptcy, Case No. 19-10236, which was filed in the United States Bankruptcy Court for the Northern District of Illinois, Eastern Division in Chicago on April 9, 2019, and its week-long auction from July 22-24, 2019. Here's...

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The Chapter 13 Business Model

February 21, 2021

By John M. Hauber, Chapter 13 Standing Trustee (Indianapolis, IN) I have recently written an article for the NACTT Quarterly, that may or may not be published at the time of this writing, which is simply a stream-of-conscious style response to Senator Elizabeth Warren’s desire to modify the Bankruptcy Code based upon her perception that debtors’ attorneys get rich off...

Critical Case Comment – 3002.1 and Reverse Mortgages

Henry E. Hildebrand, III

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Requirements and remedies in Rule 3002.1 apply to reverse mortgages as well as conventional mortgages; while discharge of Chapter 13 plan does not discharge a mortgage obligation treated pursuant to § 1325(b)(5), the court may prohibit prospective use of a nondisclosed obligation as grounds for a default. (Waites) In re Legare-Doctor, 2021 WL 5712149 (Bankr. D. S.C. Dec. 1, 2021)...

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Critical Case Comment – Sec. 328 vs. Sec. 327 Not Exactly a Smack Down

Henry E. Hildebrand, III

July 17, 2022

A referral fee by retained special counsel paid to debtor’s attorney violates the prohibition in § 504 in that the referral fee constitutes an unauthorized splitting of attorney’s fees. (Williamson) In re Davis, 638 B.R. 198 (Bankr. M.D. Fla. March 31, 2022) Case Summary Four years after Lisa Davis filed her Chapter 13 petition, she was involved in an auto...

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We Love You Dan (“Stingray”) Brunner!!

October 1, 2023

Dan grew up in Spokane, Washington, and graduated from Gonzaga University in 1966 with a BA in political science. After finishing his undergraduate degree, Dan entered active duty in the United States Army. He was stationed in Korea from 1967 to 1968 where he commanded a HAWK missile battery. Dan retired from the United States Army in 1994 with the...

ABI Commission on Consumer Bankruptcy – Collateral Repossessed Pre-Petition

October 6, 2019

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN) One of the most difficult situations faced by a debtor and debtors’ counsel is the repossession of important collateral securing a debt owed to a creditor. These items, such as automobiles, furniture, boats, and mowers which have been pledged to a creditor are important – often critical – to...

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The Means Test Income

Cathy Moran

April 14, 2024

Many really good questions were generated by our recent Means Test webinars. Attached is a Q & A exchange on one such question regarding the 6-month commitment period.

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From the Editor – Claims

June 21, 2020

By The Honorable William Houston Brown (Retired) Objection to proof of claim barred by preclusion. The Chapter 13 debtor objected to Wells Fargo’s proof of claim in an adversary proceeding that alleged the note had been procured by fraud and was unenforceable; but the debtor had previously litigated those and other issues in the state court. Preclusive effect of the...

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Related Articles

Johnson Retires

The Change to Chapter 13 Law I’d Most Like to See?

Score One for the United States Bankruptcy Court in the Service of the African America Community[1]

The Chapter 13 Business Model

Critical Case Comment – 3002.1 and Reverse Mortgages

Critical Case Comment – Sec. 328 vs. Sec. 327 Not Exactly a Smack Down

We Love You Dan (“Stingray”) Brunner!!

ABI Commission on Consumer Bankruptcy – Collateral Repossessed Pre-Petition

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