RESPA

We are pleased to share a rare treat – Iowa Law Review: An Alternative Approach to RESPA Versus Chapter 13 Bankruptcy Unpaid Pre-Petition Escrow Amount Debate by Michelle Halverson. Ms. Halverson graduates this month with a J.D. from the University of Iowa College of Law and will be joining Sidley Austin in Chicago in the fall. Ms. Halverson served as the Administrative Editor of the Iowa Law Review.

Did Congress Mean What It Said in Section 1328(i)?

April 25, 2021

By Pardis Akhavan, Resnik Hayes Moradi LLP (Encino, CA) The bankruptcy court in In re Ritter, 2021 WL 864092 (Bkrtcy C.D. Cal, 2021)(J. Tighe),denied debtors’ motion for an immediate discharge under Section 1328(i) ruling that Congress apparently did not intend that a chapter 13 debtor who obtains a loan modification should also receive a discharge, on that basis alone at...

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MEMORIAL DAY

The Academy

May 26, 2024

Who Is Stupid Here?

Cathy Moran

February 25, 2024

“The headline was ‘Are your clients really stupid?’ . . .The answer isn’t what you’re tempted to respond.” The second in a 3-part series on treating clients as we would want to be treated. More on this topic: Why Listening Is a Bankruptcy Lawyer’s Superpower

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The Government Shutdown and Chapter 13 Plan Arrearages – What Do We Do Now?

January 21, 2019

By Jan M. Sensenich, Chapter 13 Standing Trustee for the District of Vermont As we reach the end of the first month of the partial government shutdown, with no end in sight, 800,000 federal workers have started missing their paychecks. As the shutdown continues, Chapter 13 trustees are weighing how best to address the inevitable question from federal government employee...

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Consumers Are Consuming Cash at an Unsustainable Rate

Kevin R. Anderson

June 26, 2022

Consumers have burned through their stimulus cash and are now drawing down their savings to satisfy pent up spending sprees and to cover the increasing cost of living. This cannot continue. From 2015 through the end of 2019, consumers held a consistent average of $1.1 trillion in savings. However, with the commencement of the COVID pandemic and the first of...

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The Guaranty That Got Away from the SBA

Henry E. Hildebrand, III

September 21, 2025

A substantial SBA guaranty is contingent and not counted toward the debt limits when the principal obligor of the SBA loan is current on payments. AND upon discharge the guaranty goes away – neat trick.

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Hold Open But You Gotta Ask

Henry E. Hildebrand, III

July 6, 2025

Failure of Chapter 13 debtor to request meeting of creditors be held open and reconvened at a later time was fatal when the debtor failed to file a tax return on the day prior to the original date set for the meeting of creditors.

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A Practical Approach to Using Bankruptcy Rules Effectively

Caleb Chaplain

March 9, 2025

Rule 9023 provides a prompt procedure to request a new trial or alter or amend a judgment. Used effectively, this procedure permits parties to obtain relief expeditiously, avoiding the time and costs of a full-blown appeal.

Members

Ask Ms. Ps & Qs

Nancy B. Rapoport

August 7, 2022

Dear Readers: When a judge issues a 28-page opinion sanctioning a lawyer, usually that means that the lawyer has done so many things wrong that he or she has caused the judge to roll up his or her respective sleeves (probably shirt-sleeves, although the image of robe-sleeves also works for me) to deal with the mess. And in Shiheiber v....

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Well, I Thought We Were Surrendering the Vehicle

John Hooge

September 29, 2024

In a Chapter 7 client surrendered her vehicle. Case was filed declaring such and no vehicle ownership expense was claimed. Subsequently, the lender offered a modified loan with a reduced monthly payment that was found acceptable. Accordingly, client now plans to reaffirm. This raises several procedural questions Attorney Hooge answers for us.

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Related Articles

Did Congress Mean What It Said in Section 1328(i)?

MEMORIAL DAY

Who Is Stupid Here?

The Government Shutdown and Chapter 13 Plan Arrearages – What Do We Do Now?

Consumers Are Consuming Cash at an Unsustainable Rate

The Guaranty That Got Away from the SBA

Hold Open But You Gotta Ask

A Practical Approach to Using Bankruptcy Rules Effectively

Ask Ms. Ps & Qs

Well, I Thought We Were Surrendering the Vehicle

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