Ask Ms. Ps & Qs

By Professor Nancy Rapoport

Dear Readers:

I’m writing this column right after participating in a panel on civility at the Arizona Bench/Bar Conference.[1] As you might expect, the discussions on civility included all of the frustrations that you’ve experienced: the nasty letters and emails sent while angry, the refusal to grant reasonable requests for continuances and the like, and the accusations of lying (often recorded for posterity in transcripts).

A couple of discussions particularly captivated me. First, more than one participant mentioned the frustrations of dealing with not-so-civil . . .

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2022 Bankruptcy Procedure Year in Review: Revised Statute and Rules and Selected Cases – Part 3 Rules Related to SBRA (Continued)

Lawrence R. Ahern, III

December 4, 2022

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.

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Negotiating Plan Confirmation with Secured Creditors – Issues Involving Balloon Payments and Other Mortgage Loans Subject to Modification Under § 1322(c) – Part 2 of 3

November 15, 2020

By David Cox,1 Cox Law Group, PLLC (Lynchburg, VA) Click here for Part 1 II. Dealing With Balloon, Short Term and Related Mortgage Secured Claims Under §§ 1322(c)(2) And 1325(a)(5). § 1322(c)(2) provides that: “Notwithstanding subsection (b)(2) and applicable nonbankruptcy law . . . It looks like you are not signed in or registered! This content is only available to...

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Is Voluntary Dismissal of a Chapter 13 Case an Absolute Right?

July 12, 2020

By Daryl J. Smith, Senior Staff Attorney to Sylvia Ford Brown, Chapter 13 Trustee (Memphis, TN) and Katherine L. Rea, Staff Attorney to Pamela Simmons-Beasley, Chapter 13 Trustee (Columbia, SC) Is there ever a reason to oppose a voluntary dismissal of a chapter 13 that has not been converted from a chapter 7? Maybe. But will you be successful? Probably...

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Chapter 13 Trustee Duties, Powers, And Limitations – Part 3

October 18, 2020

By James J. Robinson, Chief United States Bankruptcy Judge, Northern District of Alabama Can the trustee challenge the debtor’s attorney’s fee? In re Rodriguez Perez, 2018 WL 3655656 (Bankr. D.P.R. 2018). In this case, the chapter 13 trustee asked the bankruptcy court to assess the contract between the debtor and counsel under § 526-528. The trustee alleged that the contract...

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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...

Critical Case Comment

August 1, 2021

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN) While the debtors failed to meet the high threshold to establish excusable neglect to permit their claim filed on behalf of a creditor after the bar date to be allowed, where a Chapter 13 case is dismissed and then reinstated prior to the expiration of the bar date, the...

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For Whom Does the Bell Toll?

October 10, 2021

By Angela M. Scolforo, Staff Attorney to Herbert L. Beskin, Chapter 13 Trustee for the Western District of Virginia Since January 2019 alone there have been about 250 student loan discharge cases decided in the federal courts.1 One site reports that student loan debt in the United States totals $1.73 trillion, across 43.2 million borrowers, and the debt is growing6...

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From the Editor

March 31, 2019

By Wm. Houston Brown, United States Bankruptcy Judge (Retired) Debtor’s Attorney - Chapter 13 no-look fee subject to Hawai’i’s general excise tax. Construing the State’s excise tax, the Chapter 13 debtor’s attorney could not collect the required excise tax in addition to the agreed upon no-look fee. The district’s Rights and Responsibilities Agreement between debtor and attorney did not contain...

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Is a CARES Act Stimulus Payment Exempt?

April 26, 2020

By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN) Introduction Since April 1, 2020, many unemployed people in the United States have begun to receive "a recovery benefit" in the amount of $1,200.1 These payments, under the CARES Act2 stimulus program, were intended to provide some relief to suffering Americans. However, the most financially distressed Americans, perhaps with existing,...

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Critical Case Comment

February 24, 2019

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville) It was impermissible and contrary to the provisions of the Bankruptcy Code for the bankruptcy clerk to enter an order which dismissed a Chapter 13 case based only upon the trustee’s certification that the debtor did not make a timely first payment. (Duncan). No...

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2022 Bankruptcy Procedure Year in Review: Revised Statute and Rules and Selected Cases – Part 3 Rules Related to SBRA (Continued)

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