I never set out to be a bankruptcy lawyer, much less a trustee. It was always my intent to be trial lawyer. The thrill of victory, the agony of defeat, and the captive audience of a jury; having to think fast on your feet was exciting. Facing jurors and witnesses with a modicum of confidence was what my view of...

A New Jersey attorney is the subject of a legal malpractice complaint for allegedly failing to properly preserve a marital tort claim as an exception to discharge. Asma J. Warsi v. Adrian J. Johnson (Case No. MID-L-001023-22, Super. Ct. of N.J., Middlesex County); In re Chaundry, 569 B.R. 372 (Bankr. D. N.J. 2017). In Chaundry, Creditor Wife had a marital...

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN) A prior servicer of a mortgage claim subsequently transferred to another servicer could be held liable if the transferor servicer provided inadequate or incorrect information to the transferee. (Aron) In re Bivens vs. NewRez LLC (In re Bivens), 625 B.R. 843 (Bankr. M.D. N.C., March 25, 2021) Case Summary...

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

By Herbert L. Beskin, Chapter 13 Standing Trustee for the Western District of Virginia (Charlottesville) If you’re looking for a well-written and clear appellate opinion about a much-litigated topic, with a bit of ancient mythology thrown in for good measure, this HUD’s for you. The case is Wood v. U.S. Dept. of Housing & Urban Development (In re Larry and...

Introduction This series reviews developments in bankruptcy procedure during 2022. Amendments to 16 rules and new one new rule take effect December 1, 2022, absent Congressional action. Many reflect changes necessitated by the Small Business Reorganization Act of 2019 (SBRA),1 and have been in place in the same or similar form on an interim basis since that legislation took effect.

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...

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...

Where a Chapter 13 plan treats a claim as secured only by the debtor’s mobile home under § 506 and not real property, the effect of a notice of fees, costs and charges is irrelevant. (Coleman) In re White, 2022 WL 2826531 (Bankr. S.D. Ga. July 19, 2022) Case Summary Shalonda White filed a Chapter 13 petition in July of...

By The Honorable William Houston Brown (Retired) Chapter 13 debtor had absolute right to dismiss. Facing a contested confirmation hearing, the debtor moved to dismiss the case, and his estranged spouse objected. Concluding that § 1307(b) provides an absolute right to dismiss a case that had not been previously converted, the court posed questions about whether there should be limits...