In re Foy, 469 B.R. 209, 214 (Bankr. E.D. Pa. 2012) (Coleman)

Claim objection sustained because assignment of credit card accounts did not include prepetition judgment. Under Pennsylvania law, “it is well established that upon entry of a judgment the contractual relationship between the parties that gave rise to the debt merges into the judgment.” Absent assignment of judgment, assignees did not establish right to collect.

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Ask Ms. Ps & Qs

December 8, 2019

By Professor Nancy Rapoport Dear Readers: I know, I know—I’ve been absent from this column for a while,1 but I’ve found a set of cases that intrigued me, so here goes. In several cases, bankruptcy courts here in Nevada have made it clear that lawyers should do a better job of proving up their fees (and proofreading them), especially when...

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Avoidance Powers in Chapter 13 – Part 4 of 6

January 20, 2019

By John P. Gustafson, United States Bankruptcy Judge, Northern District of Ohio, Western Division (Toledo, OH) Click here for Part 1 of 6 Click here for Part 2 of 6 Click here for Part 3 of 6

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Critical Case Comment

June 14, 2020

By Henry E. Hildebrand, III, Chapter 13 Trustee (Nashville, TN) Chapter 13 debtor may exclude from disposable income amounts projected to be paid to an employer sponsored 401(k) where such payments are consistent with pre-filing contributions made to the retirement account. Davis v. Helbling, 2020 WL 2831172 (6th Cir. June 1, 2020) (Larsen) Case Summary In 2017, Camille Davis filed...

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A Sappy Farewell to Jeff Kellner as the Dayton Chapter 13 Trustee

September 29, 2019

By The Honorable Guy R. Humphrey, Southern District of Ohio It is with heavy hearts that we in Dayton, Ohio say our farewells to Jeff Kellner as our Chapter 13 Trustee. Jeff will be concluding his duties as the Trustee on September 30th and handing the reins over to John Jansing on October 1st. Listing Jeff’s contributions to the bankruptcy...

Critical Case Comment – Funds on Hand at Dismissal Go to Debtor. Not So Fast. 13 Trustee May Be Subject to State Court Proceedings

Henry E. Hildebrand, III

January 16, 2022

While a 13 trustee is partially insulated by the Barton doctrine from being dragged into state court, if a movant seeks authority from the Bankruptcy Court to pursue the trustee and satisfies the conditions of the Barton doctrine, the trustee may be subject to state court judicial proceedings. (Hall) In re Alexander Louis Bednar, 2021 WL 1625399 (Bankr. W.D. Okla....

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Post-Petition Debt Approval/Denial

Henry E. Hildebrand, III

July 7, 2024

It is a valid exercise of the court’s authority to promulgate a local rule requiring Chapter 13 debtors to obtain trustee or court approval prior to incurring any post-petition debt of $10,000 or more like it or not!

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Bankruptcy Lawyer Must Have Otherworldly Powers

Cathy Moran

November 5, 2023

Just for fun . . .

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Overruled: The Human Toll of Too Much Law – A Book Review

M. Jonathan Hayes

October 6, 2024

“What, he [Gorsuch] explains, jumped out at me is that not only are there too many laws and administrative rules, but there are too many laws and rules created by agencies -- by individuals not chosen by we the people, and often in the far-away land we call Washington.”

New Academy Podcasts

The Academy

December 15, 2024

In the 1979 Steve Martin movie The Jerk, Martin’s character, Navin Johnson, proclaims “I’m somebody” because his name is listed in the phone book. In 2024 to be “somebody” equates to being on Spotify. Well, The Academy is formally SOMEBODY. We have just launched our first 2 podcast episodes – 3002.1 Debtor Attorneys Were Gobsmacked Parts 1 and 2. Join a funny and frank discussion between Podcast Host Jody Bledsoe and our guest Hilary Bonial.

Tax Projections and the Means Test

September 15, 2019

By Cathy Moran, Esq. (Redwood City, CA) Mention tax calculations to a bankruptcy attorney and 7 out of 10 freeze on the spot. I'm not a tax attorney, they retort. That's right, but, if you are a bankruptcy attorney, that doesn't relieve you from knowing enough tax to get the means test right. Not to mention not giving up your...

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