Ask Ms. Ps & Qs

Dear Readers:

In the spirit of April (including April Fool’s Day, which is when I’m writing this column),1 here are some headlines that I’d love to see:

Headline #1: Court enforces penalty for debt relief agency that is not in compliance with Sections 526-528.

In a stunning reversal of years of silence, a bankruptcy court in the District of Moot has decided that it has had enough of debt relief agencies that don’t comply with the Code sections governing their behavior. As punishment for . . .

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The Gambling Debtor – What is a Chapter 13 Trustee to Do?

Stacey A. O’Stafy

January 28, 2024

Gambling was one of the earliest forms of entertainment, likely pre-dating recorded human history and before man invented minted currency. . . . gambling alone is not evidence of bad faith! Another article on this topic: If You’re Gonna Bet the Farm, Maybe Play Against the House

Members

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

November 22, 2020

By David Cox,1 Cox Law Group, PLLC (Lynchburg, VA) III. Providing for the Secured Mortgage Claim, as Modified. A. Does the requirement of § 1325(a)(5)(B)(iii) for equal monthly payments permit the Debtor to propose a balloon payment in the payment of the creditor’s claim? Equal Monthly Payments Required By § 1325(a)(5)(B)(iii) Does NOT Permit Debtor To Propose A Balloon Payment....

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An Argument in Favor of the Mid-Case Audit: B.R. 3002.1 Proposed Changes

Molly Simons

August 28, 2022

If you put your ear to the ground you may hear the rumblings regarding a change to Bankruptcy Rule 3002.1 requiring the institution of a mid-case bankruptcy audit. This mid-case audit would be like the Notice of Final Cure but would be performed by a trustee’s office in the middle of a pending Chapter 13, rather than at the end,...

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Amending or Modifying that Chapter 13 Plan? Don’t be Pedantic, Just Do It!

Jeffrey Bruzek

August 11, 2024

“The obvious struggle for the Court will be the effort to balance their definition of modify, with their passing comments on a debtor’s ability to change their plans during the case.”

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Welfare Debt – A Study

Edward C. Boltz

October 6, 2024

“The government is owed this debt through a welfare cost recovery system which requires custodial parents that file for welfare benefits to pursue child support from noncustodial parents and assign those rights to the government.”

Tell the Story

May 16, 2021

By Cathy Moran, Esq., (Redwood City, CA) Have I got a story for you. A rousing tale of schedules, hearings, frustrations, and ultimately fortunes, traceable to a good story in the fee application. Maybe that's a bit overblown, but I'm telling this story with a purpose. Good stories lead to fair compensation for bankruptcy attorneys. Fee applications aren't hard Filing...

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Barking Up the Wrong Tree: A Canine Conundrum

Robert G. Drummond

May 5, 2024

“ . . . creditor couldn’t fetch a break. . . . Court first found that the state court judgment was void because it was entered after the discharge order. . . . also found the creditor in contempt of the discharge injunction.”

Members

From the IRS – Using Strong Password Is a Strong Defense Against Identity Thieves

December 15, 2019

Two things taxpayers can do to protect themselves from identity theft is to use strong passwords and keep those passwords secure. While many people use fingerprint or facial recognition technology to protect their devices, sometimes it’s still necessary to use a password. In recent years, cybersecurity experts’ recommendations on what constitutes a strong password has changed. With that in mind,...

Ensure You Understand Insurance in Bankruptcy

March 17, 2019

By Cathy Moran, Esq. (Redwood City, CA) Because its treatment varies so, we need to be asking more pointed questions of clients about both insurance policies and the debtor as beneficiary. Unmatured life insurance Starting with exemptions, §522(d)(7) makes an unmatured life insurance policy exempt without limit. So, the insurance element of a policy owned by the debtor is exempt...

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Members of the Armed Forces Are Entitled to Certain Tax Benefits

June 23, 2019

Members of the military and their families often qualify for special tax benefits. For example, members of the armed forces don’t have to pay taxes on some types of income. In addition, special rules could lower the tax they owe or allow them more time to file and pay their federal taxes. Here are some of these special tax benefits:...

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Related Articles

The Gambling Debtor – What is a Chapter 13 Trustee to Do?

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

An Argument in Favor of the Mid-Case Audit: B.R. 3002.1 Proposed Changes

Amending or Modifying that Chapter 13 Plan? Don’t be Pedantic, Just Do It!

Welfare Debt – A Study

Tell the Story

Barking Up the Wrong Tree: A Canine Conundrum

From the IRS – Using Strong Password Is a Strong Defense Against Identity Thieves

Ensure You Understand Insurance in Bankruptcy

Members of the Armed Forces Are Entitled to Certain Tax Benefits

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