Debtors’ Attorneys’ Duty of Reasonable Inquiry and the Necessity of Pre-Filing Document Review: A Trustee’ Perspective – Part 6

-

Link to Post:

By Beverly M. Burden, Chapter 13 Trustee for the Eastern District of Kentucky

Click for Part 1, Part 2, It looks like you are not signed in or registered! This content is only available to members.

Or sign in below:

No Author Biography has been linked to this Article.

Related Articles

Copy of Hildebrand-2016

Nice Try but No CFS for Below-Medians

July 20, 2025
Below-median income debtors must estimate their projected expenses on Schedule J and may not substitute the IRS allowances as their reasonable and necessary living expenses. Meaning they can’t outsource their budget!
View Article
Members

Critical Case Comment – Pro Se Debtor Sanctioned

November 21, 2021
By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of TN (Nashville) Where pro se debtors filed numerous groundless complaints and made specious allegations against their former counsel, sanctions under Rule 9011 were appropriate notwithstanding the fact that the debtors were now acting pro se. (Hopkins) In re Jones, 2021 WL 4168110 (Bankr. S.D. O.H., Sept....
View Article
Members

How to Present an Effective Summary Judgment Motion

August 23, 2020
By Hon. Erik P. Kimball, United States Bankruptcy Court for the Southern District of Florida (Used with permission - Originally Published by the Courthouse Beacon, United States Bankruptcy Court for the Southern District of Florida August, 2020) Summary Judgment Applies In Contested Matters Bankruptcy Rule 7056 incorporates all of Federal Rule 56 for purposes of adversary proceedings, adjusting only the...
View Article
Members

Three Last Things Trustees Should Know About the Small Business Reorganization Act of 2019 – Part V

November 17, 2019
This series focuses on four bankruptcy-related bills that were enacted during the 116th Congress and signed into law on August 23, 2019.1 One bill, the Small Business Reorganization Act of 2019 (SBRA),2 appears in its entirety in Appendix B to this series and was summarized in Part I,3 along with the other bills signed on the same day. SBRA deals on its face with a non-consumer topic, but as we have seen, it will be of interest to Chapter 12 and 13 trustees, who may be asked to serve as small business Chapter 11 trustees.
View Article
Members
image

For Veterans Day

November 9, 2025
We honor and thank all who have served—your courage and sacrifice safeguard our freedom.
View Article

Evictions in Ohio, Kentucky, Michigan and Tennessee May Go Forward? Sixth Circuit Says CDC’s Eviction Moratorium Exceeded Its Authority

August 15, 2021
After the CARES Act’s 120-day moratorium on evictions ended, the Centers for Disease Control (“CDC”) extended the moratorium, with the CDC’s order based on authority under the Public Health Service Act of 1944. CDC stepped into the landlord-tenant arena to make and enforce regulations necessary to prevent spread of COVID-19, citing 42 U.S.C. § 264(a). Subsequent to CDC’s action, Congress...
View Article

Supreme Court on Statute of Limitations Under Fair Debt Collection Practices Act

December 15, 2019
By William Houston Brown, Editor/Adviser Academy for Consumer Bankruptcy Education Construing the statute of limitations for actions against debt collectors under the Fair Debt Collection Practices Act (FDCA), the Supreme Court held on December 10, 2019, that “absent the application of an equitable doctrine, the statute of limitations in § 1692k(d) begins to run on the date on which the...
View Article
Members
bonapfel2

A Guide to the Small Business Reorganization Act of 2019 – Revised June 2022

November 9, 2022
Click here to see PDF – SBRA Guide June 2022 Compilation FINAL Click here to see PDF – SBRA May-June Supplement Final
View Article

Millions of ITINs Set to Expire in 2019; IRS Says Renew Early to Prevent Refund Delays

June 23, 2019
Nearly 2 million Individual Taxpayer Identification Numbers (ITINs) are set to expire at the end of 2019 as the IRS continues to urge affected taxpayers to submit their renewal applications early to avoid refund delays next year. “We urge taxpayers with expiring ITINs to take action and renew the number as soon as possible. Renewing before the end of the...
View Article
Copy of Hildebrand-2016

An LLC Is Not You

April 5, 2026
A bankruptcy filing by a guarantor of a note secured by property titled in the debtor’s LLC is not protected by the automatic stay.
View Article
Members

Looking to Become a Member?

ConsiderChapter13.org offers a forum to advance continuing education of consumer bankruptcy via access to insightful articles, informative webinars, and the latest industry news. Join now to benefit from expert resources and stay informed.

Webinars

These informative sessions are led by industry experts and cover a range of consumer bankruptcy topics.

Member Articles

Written by industry experts, these articles provide in-depth analysis and practical guidance on consumer bankruptcy topics.

Industry News

The Academy is the go-to source for the latest news and analysis in the Chapter 13 bankruptcy industry.

To get started, please let us know which of these best fits your current position:

Attorney
Trustee
Non-Profit
Government