The Means Test – Keep Moving To The Egress Part III • NACTT Academy

The Means Test – Keep Moving To The Egress Part III

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

2. The Chapter 7 Means Test – Determines If Debtors Are Above Median Income

“In 2005, the landscape for bankruptcy filings dramatically changed. Responding to a growing belief that "bankruptcy relief may be too readily available . . .

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In re Evans: Disgorging Chapter 13 Trustee Fees in Cases Dismissed Prior to Confirmation

March 15, 2020

By Jen Grondahl Lee, Jen Lee Law, Inc. (San Ramon, CA) When is a collected fee not a collected fee? When the statutes authorizing payment to the standing Chapter 13 trustee do not provide clear guidance on when that fee is paid and/or earned. The most recent case on this issue is In re Evans (Bankr. Idaho 2020).1 In a...

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A Fond Farewell to 007 – Frank M. Pees

May 3, 2020

On April 30, 2020, Frank M. Pees will retire from his position as the Chapter 13 Standing Trustee (Worthington) for the Southern District of Ohio, Eastern Division. Mr. Pees has been a Trustee since his appointment in 1978. Throughout his career, he has been actively involved in the National Association of Chapter 13 Trustees, serving as President (in 1987), and...

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Critical Case Comment – How Much Is It Worth – Then/Now?

Henry E. Hildebrand, III

January 22, 2023

On a trustee’s motion to modify a confirmed Chapter 13 plan, Court required debtor to commit funds to unsecured creditors based upon the previously undisclosed equity generated from post-petition sale of property. (Warren) In re Croniser, 2022 WL 3639413 (Bankr. E.D. N.C. August 23, 2022) Case Summary Duane Croniser filed a voluntary petition under Chapter 13 in January of 2020....

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Today’s AI Stands to Create Work for Lawyers

Cathy Moran

June 25, 2023

Most lawyers were torn between wincing and laughing when a lawyer filed a brief packed with case authority created out of whole cloth by an AI bot. Meanwhile, a segment of the bar is fretting that we will be replaced by powerful artificial intelligence. My concern, based on a couple of casual forays into AI, is not that I will...

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The Effect of “Success” (or the Lack of It) on Attorneys’ Fees Part 2: In re Village Apothecary, Inc.

Lawrence R. Ahern, III

October 2, 2022

Introduction In In re Village Apothecary, Inc.,1 the Sixth Circuit recently cut an attorney's fee by half, where the services were not successful. The panel held that the results obtained (or, actually, the lack of results) justified the dramatic reduction of the fees of attorneys for a Chapter 7 trustee. In Part 1, we looked at . . . It...

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U.S. Trustee Program to Implement Virtual Section 341 Meetings of Creditors Nationwide

The Academy

September 3, 2023

These virtual 341 meetings via Zoom will be implemented on a rolling basis through early 2024.

New Trustee Named

The Academy

September 3, 2023

Tracy Updike of Harrisburg, Pennsylvania, has been named as a Chapter 13 Standing Trustee for the Northern District of Indiana. Updike will be filling the trusteeship vacated by Debra Miller when she accepted a trusteeship in the Eastern District of Tennessee.

When is Enough, Enough? Pro Se Dismissed with Extended Prejudice (and Violates Bar)

Jeff LeForce

January 16, 2022

When do the facts justify a long bar to refiling over the 180-day period in § 109(g)? Sometimes it is Justice Stewart’s infamous words from Jacobellis v. Ohio, 378 U.S. 187 (1964)–“I know it when I see it.” Even so, a Trustee must provide evidence and authority to the Court for a long prejudice period. In In re Parson 2021...

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Wholly Unsecured Junior Liens in Chapter 13: The Lien Strip Dance

Michael B. Joseph

March 10, 2024

“ . . . practice and procedure accomplishing the lien strip have been slow to evolve since 2017. . . . in the jurisdictions that opted out of usage of the Form 113 Plan, multiple iterations for lien stripping and release are found.”

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CFPB Proposes Changes to HMDA Rules

May 5, 2019

The CFPB (Bureau), May 2, 2019, issued a Notice of Proposed Rulemaking (NPRM), which proposes to raise the coverage thresholds for collecting and reporting data about closed-end mortgage loans and open-end lines of credit under the Home Mortgage Disclosure Act (HMDA) rules. The NPRM would provide relief to smaller lenders from HMDA’s data reporting requirements, and would clarify partial exemptions...