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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“Jan Hamilton” – Need We Say More?

Teresa L. Arnold

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Just prior to a confirmation docket in September of 2006, a local creditor attorney asked me if I would be interested in coming to work at his firm. The chapter 13 trustee was in the room and could not help but overhear. After the docket that trustee asked me if I was looking for a job. I wasn’t . ....

Travis Sasser

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Travis Sasser practices bankruptcy law in Cary, North Carolina. He is a board certified specialist in Consumer Bankruptcy by the American Board of Certification and the North Carolina Board of Legal Specialization. He serves on the Bankruptcy Committee for the North Carolina Board of Legal Specialization. He is a member of ABI and NACBA. He graduated from the University of...

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Meet a New Trustee

The Academy

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One of our very newest trustees is very familiar to many of us. After serving ten years as Chief of Staff (a/k/a Staff Attorney) to Martha Bronitsky, on August 1, 2021, Nima Ghazvini was appointed Chapter 13 Standing Trustee for the Districts of Hawaii, Guam, and Northern Mariana Islands. What you may not know is that Ghazvini was born in...

ABI Commission on Consumer Bankruptcy – Collateral Repossessed Pre-Petition

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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...

Members

Credit Scores Trend Upward After Bankruptcy

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By Cathy Moran, Esq. (Redwood City, CA) After bankruptcy, credit scores go steadily up, says a 17 year study released by the Consumer Financial Protection Bureau. Got that? Go UP. Every year. Importantly, credit scores start improving the same year that the bankruptcy is filed. Think on that for a moment. How collectors stoke fears about bankruptcy Creditors and their...

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By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN) Introduction The Bankruptcy Court for the District of Colorado ruled recently, in a case styled In re Ikalowych,1 that while eligibility for subchapter V of Chapter 112 requires that 50% of a debtor's debt must arise from commercial or business activities, the debtor was not required to be directly involved...

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Tax Tips for Taxpayers to Consider When Selling Their Home

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The IRS has some good news for taxpayers who are selling their home. When filing their taxes, they may qualify to exclude all or part of any gain from the sale from their income. Here are some things that homeowners should think about when selling a home: Ownership and use To claim the exclusion, the taxpayer must meet ownership and...

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Mark C. Leffler

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Bankruptcy has been the focus of the Boleman Law Firm’s 30+ year history, but my law partners and I believed it was important for our firm’s long-term health to add a new practice area that would be complimentary to bankruptcy. Even though we were filing almost 250 new Chapter 7 and 13 cases every month before the pandemic, most of...

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Fourth Circuit: Brittner v. Beach Anesthesia

Edward C. Boltz

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Summary: Brittner filed an adversary proceeding against Beach Anesthesia alleging violations of the automatic stay, but the bankruptcy court (affirmed by the district court) held that she had either failed to establish actual damages or to mitigate damages. The Court of Appeals held that that Brittner needed to satisfy a five-part test to establish a violation of the automatic stay: (1) that a bankruptcy...

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Related Articles

“Jan Hamilton” – Need We Say More?

Travis Sasser

FDIC and OCC Proposals Threaten Expansion of Predatory Lending

Meet a New Trustee

ABI Commission on Consumer Bankruptcy – Collateral Repossessed Pre-Petition

Credit Scores Trend Upward After Bankruptcy

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How My Law Firm Learned to Stop Leaving Money on the Table Part 3 – Valuable Lessons Learned in Automatic Stay Litigation

Fourth Circuit: Brittner v. Beach Anesthesia

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