Ask Ms. Ps & Qs

By Professor Nancy Rapoport

Dear Readers:

We have a grab bag of questions this month (thank you!). In no particular order, here they are:

1. Is there any valid reason for a trustee to object to the attendance at the trustee’s Rule 2004 debtor’s exam of the attorney for a party suing the debtor in a separate adversary? By background, we represent a party suing the debtors to avoid discharge under 523 and (hopefully) will soon have a money judgment against the debtors. The trustee appears to think the debtor has hidden assets . . .

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Sanctions in South Carolina

Ashley Baxter Curry

December 12, 2021

In a recent case out of South Carolina, rather than a debtor seeking sanctions against a creditor, it was the creditor’s counsel who sought sanctions against counsel for a Chapter 13 debtor in an adversary proceeding. Ruling on a Motion for Sanctions in James Defoe v. Winyah Surgical Specialists, P.A. doing business as Winyah Surgical Specialists (In re Defoe), 632...

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Vesting Victories: Chapter 13 Debtors Shielded Against Unlisted Asset Claims

Henry E. Hildebrand, III

August 25, 2024

Once a Chapter 13 case is completed and the debtor receives a discharge, the trustee cannot seek to reopen the case for the purpose of grabbing an undisclosed, prepetition asset and then converting the case to a Chapter 7 so it could be administered.

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Judicial Year in Review 2021: Revised Rules and Selected Cases – Part 1 Amended Rules

November 7, 2021

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...

Members

What About Conditional Confirmation?

Henry E. Hildebrand, III

April 14, 2024

It is appropriate to convert a Chapter 13 case to one under Chapter 7 when the debtor makes no attempt to cure defaults that arise in the case or take any steps to propose a feasible plan.

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An Open Thank You Letter to NACTT – Reflections from a New(er) Trustee: My First Two Years

March 7, 2021

By Dynele Schinker-Kuharich, Chapter 13 Standing Trustee (Canton, OH) I vividly remember getting the call that I was to be appointed as a Standing Chapter 13 Trustee (effective October 1, 2018). I was so honored, and humbled, and excited. At the time I was a panel Chapter 7 Trustee, but my heart had always been in Chapter 13. As corny...

Advising Consumer Clients About Credit Scoring – Some Questions

The Honorable William Houston Brown, Cathy Moran

September 10, 2023

“We have observed consumers who seem to be focused principally on their credit scores, . . . rather than focusing on . . . a more critical immediate focus on their balance sheets . . .”

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Judge to Retire

The Academy

December 15, 2024

Judge Henry Green Jr. to Retire from Kansas Court of Appeals

Purdue Pharma and Chapter 13 Codebtor Stays

Michael B. Joseph

July 28, 2024

Could it be that chapter 13 got it right? How does the recent United States Supreme Court holding in Harrington v. Purdue Pharma impact chapter 13 cases?

Members

ABI Commission on Consumer Bankruptcy – Post-Petition Changes in Value

July 14, 2019

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN) One of the issues raised at the public hearings of the Commission concerned Chapter 7 trustees that would not take prompt action to abandon exempt or partially exempt assets but, would retain assets in the hope that there might be equity in the future to sell the asset for...

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Chapter 13 –Success/Benefits & Everything in between

December 20, 2020

By Robert S. Thomas, II,1 Chapter 13 Standing Trustee for the District of Maryland (Baltimore) All stakeholders strive to make the Chapter 13 program efficient and beneficial to all parties. The Chapter 13 program has evolved over the years to better serve debtors and creditors. This is due in part because of the remarkable actions taken daily by our Bankruptcy...

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Related Articles

Sanctions in South Carolina

Vesting Victories: Chapter 13 Debtors Shielded Against Unlisted Asset Claims

Judicial Year in Review 2021: Revised Rules and Selected Cases – Part 1 Amended Rules

What About Conditional Confirmation?

An Open Thank You Letter to NACTT – Reflections from a New(er) Trustee: My First Two Years

Advising Consumer Clients About Credit Scoring – Some Questions

Judge to Retire

Purdue Pharma and Chapter 13 Codebtor Stays

ABI Commission on Consumer Bankruptcy – Post-Petition Changes in Value

Chapter 13 –Success/Benefits & Everything in between

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