Debtors’ Attorneys’ Duty of Reasonable Inquiry and the Necessity of Pre-Filing Document Review: A Trustee’ Perspective – Part 7

By Beverly M. Burden, Chapter 13 Trustee For The Eastern District Of Kentucky

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Five Things Trustees Should Know About the Small Business Reorganization Act of 2019

September 8, 2019

By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN) Introduction Four bankruptcy-related bills were enacted during the 116th Congress and signed into law on August 23, 2019.1 The legislation affected both business and consumer cases. One bill, the Small Business Reorganization Act of 2019 (SBRA),2 deals on its face with a non-consumer topic. However, it will be of great...

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The Hanging Paragraph – Hanging on Every Word Part 2 of 4

June 21, 2020

By Anthony J. Gomez, CPA, former extern to the Honorable John P. Gustafson, Northern District of Ohio at Toledo III. Applying the Hanging Paragraph a. Application of the Hanging Paragraph – Timing of Debt In order for the hanging paragraph to apply, the debt must be secured by a purchase money security interest (“PMSI”) in either: 1) a motor vehicle...

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Short Filings: Recipes for Disaster

Andrew B. Finberg

June 28, 2026

“. . . a continuous practice of short filings may create the undesirable distinction of one creating problems as opposed to resolving them.”

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Thoughts on Zealous Advocacy – Addendum: “Zeal” Case Summaries – Behavior – Part 5

The Honorable Cynthia A. Norton

August 9, 2026

Continuing your summer reading, Judge Norton shares with subscribers a three-part outline on zealous advocacy followed by a multi-part Addendum of case summaries broken into various categories. We believe you will enjoy this resource. This week we offer the second group of cases from the Addendum finishing up those dealing with behavior. Part 1 - History of Zealous Advocacy Part 2 - How Have Courts Discussed “Zealous Advocacy”? Part 3 - Practical Takeaways Part 4 – Case Summaries – Behavior

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Small Business Reorganization Act…(“SBRA”) H.R. 3311 – Part Two

September 22, 2019

By Jan Hamilton, Chapter 13 Standing Trustee (Topeka, KS) I. The Plan1 A. Notions to Consider before the Plan is Filed… Time for Filing of the Plan. No later than 90 days after the filing of the case, the debtor is required to file a plan, unless the court extends the time if the “need is attributable to circumstances for...

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Are Your Loyalties Divided?

August 22, 2021

By Cathy Moran, Esq., (Redwood City, CA) When a married couple books a bankruptcy consultation, you have an immediate problem: There be dragons, as early map makers helpfully provided. Because, as a lawyer friend of mine says: Anytime there are two people sitting across from you, you have a conflict of interest. That pithy expression has stuck with me and...

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Constitutional Interpretation and State Bankruptcy Laws: Chief Justice Marshall on Sturges v. Crowninshield (1819)

M. Jonathan Hayes

March 31, 2024

Launching a new feature - Supreme Court Corner - Jon Hayes will periodically share a look at a historical bankruptcy case. As the title indicates, Sturges v. Crowninshield looks at state bankruptcy law in the absence of federal law.

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Notice of Error Regarding Misinformation Given During Phone Call to Mortgage Servicer

The Academy

January 16, 2022

There is no special language/verbiage. Keep is simple. Stick to one issue per NOE. Pertinent loan/debtor information – “name, rank, and serial number” Called bank twice. Tried to get borrower reviewed for FHA Recovery Mod. Both times I was essentially told that the loan was “too many months delinquent” to be reviewed for FHA Recovery Mod. I was also told...

Retirement of the Honorable John E. Hoffman, Jr., Chief Judge

The Academy

February 18, 2024

Retirement of the Honorable John E. Hoffman, Jr., Chief Judge

Meet a New Trustee

The Academy

October 8, 2023

David A. Mawhinney is the Chapter 13 Standing Trustee for the Central and Western Divisions of Massachusetts and a Subchapter V Trustee for Region One. He replaced Denise M. Pappalardo upon her retirement which was effective December 24, 2022. David is a 2002 graduate of Boston College and received his J.D. from Boston College Law School in 2011. When David started...

Debtors’ Attorneys’ Duty of Reasonable Inquiry and the Necessity of Pre-Filing Document Review: A Trustee’ Perspective – Part 7

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Related Articles

Five Things Trustees Should Know About the Small Business Reorganization Act of 2019

The Hanging Paragraph – Hanging on Every Word Part 2 of 4

Short Filings: Recipes for Disaster

Thoughts on Zealous Advocacy – Addendum: “Zeal” Case Summaries – Behavior – Part 5

Small Business Reorganization Act…(“SBRA”) H.R. 3311 – Part Two

Are Your Loyalties Divided?

Constitutional Interpretation and State Bankruptcy Laws: Chief Justice Marshall on Sturges v. Crowninshield (1819)

Notice of Error Regarding Misinformation Given During Phone Call to Mortgage Servicer

Retirement of the Honorable John E. Hoffman, Jr., Chief Judge

Meet a New Trustee

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