Ms. Ps & Qs

By Professor Nancy Rapoport

Dear Readers:

This month, I’m opening the column with a bit from one of my favorite comedians, Henry Cho. In a clip (Henry Cho on the Late Show with Craig Ferguson) that you can find here (http://www.henrychocomedy.com/#1168/youtube), he’s talking about his cousin on his wife’s side. He had to get this cousin out of jail. His cousin said, “Hey, I tried to call you on the cell phone.” Henry: “You don’t have a cell . . .

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Expiration of Debt Limits

The Academy

June 23, 2024

Well, they expired . . . As you know, Congress temporarily raised the debt limits for Subchapter V and Chapter 13 debtors. These increased debt limits expired June 21st. For Chapter 13 the maximum is $465,275 for unsecured debt and $1,395,625 for secured debt.

Don’t Be Dismissive – Rule 41

Cathy Moran

August 6, 2023

I was the third attorney on this lien avoidance matter. Instead of it being “third time’s the charm”, it came close to being “three strikes and you’re out.” All because of FRBP 7041. This was the set up: debtor’s original counsel filed a number of lien avoidance actions, including the one against a landlord with a large default judgment. The...

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The Continuing Saga of Chapter 13 Trustee Fees in Pre-Confirmation Dismissals

Thomas D. DeCarlo

June 25, 2023

Courts continue to wrestle with the issue of trustee fees in pre-confirmation dismissals. The Bankruptcy Court for the Northern District of Illinois has now weighed in in In re Johnson, 2023 WL 3406597 (Bankr. N.D. Il. 2023). The facts are pretty typical. Debtor filed for Chapter 13. After 8 months and 8 confirmation hearings, the Court granted Trustee’s request for...

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From the Editor

April 7, 2019

By Wm. Houston Brown, United States Bankruptcy Judge (Retired) Confirmation - Debtors could not deduct ownership costs for vehicle secured by non-purchase money lien. The above-median debtors claimed ownership deduction of $497 from projected disposable income, when the title loan payments on the vehicle were only $66.67. The difference in these amounts meant unsecured creditors could receive $25,819.80 over the...

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Good or Bad Faith?

Hale Andrew Antico

September 10, 2023

The Ninth Circuit BAP held that the chapter 13 debtors converted their case to Chapter 7 in good faith and therefore a post-petition inheritance was not property of the chapter 7 estate.

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I’ve Looked at Clouds from Both Sides Now

April 25, 2021

(Song by Joni Mitchell – first recorded by Judy Collins in 1968) By Merideth Akers, CPA, PHR, Comptroller for Bradford W. Caraway (Birmingham, AL) In the simplest terms, bankruptcy has two sides. The debtor is on one side, and the creditor is on the opposite side. Although there are opposite sides in bankruptcy, the system is designed to be non-adversarial....

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Pump the Brakes: Bad Faith Debtors Are Not Gaming the System (Part II)

January 27, 2019

By Kathryne M. Shaw1 Boleman Law Firm, P.C. (Virginia Beach, VA) Click here for Part 1 In Part I of this article, we reviewed In re Holman, in which the debtors violated their confirmation order and exhibited bad faith . . . It looks like you are not signed in or registered! This content is only available to members. Join...

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Will Getting Home Mortgage Forbearance Save Your Client’s Home?

April 19, 2020

By Cathy Moran, Esq. (Redwood City, CA) Mortgage forbearance for homeowners, shout the headlines. No need to make a house payment. Borrowers who can’t make this month’s mortgage payment were thrown a lifeline of sorts in the coronavirus rescue package. Only it’s probably not the help they think it is. And the lifeline may be far more fragile than they...

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The PUMP Act

Mark T. McCarty

June 11, 2023

The U.S. Department of Labor (DOL) has released an updated Fair Labor Standards Act (FLSA) Minimum Wage Poster that covers employers’ new lactation accommodation obligations under the recently passed Providing Urgent Maternal Protections for Nursing Mothers (PUMP) Act. The PUMP Act went into effect on December 29, 2022 and requires employers to provide nursing employees with reasonable accommodations, such as...

Weighted Caseload: Why It Matters and How It Works and Doesn’t Work

Honorable Brian D. Lynch

December 31, 2023

“Currently, if a district’s weighted caseload is below one-thousand per the number of judges in that district . . . in all probability, recommend that the circuit not replace the judge.”

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Related Articles

Expiration of Debt Limits

Don’t Be Dismissive – Rule 41

The Continuing Saga of Chapter 13 Trustee Fees in Pre-Confirmation Dismissals

From the Editor

Good or Bad Faith?

I’ve Looked at Clouds from Both Sides Now

Pump the Brakes: Bad Faith Debtors Are Not Gaming the System (Part II)

Will Getting Home Mortgage Forbearance Save Your Client’s Home?

The PUMP Act

Weighted Caseload: Why It Matters and How It Works and Doesn’t Work

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