Cases That Caught My Eye

By John Gustafson, Chapter 13 Trustee

Proving again that sequels stink, Cases That Caught My Eye is back with even worse jokes and more than your recommended daily allowance of shamelessly bad puns. Yep, it’s another edition of beach blanket bankruptcy reading!

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It seems like a couple of times a year, some debtor get the idea that they need a court order, and decides to get it the easy way by just printing one up - rather than the more traditional method of counsel filing a motion, arguing the law and the facts, and . . .

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Post-Petition Equity in Chapter 13 – Who Gets The $$$

Thomas D. DeCarlo

October 2, 2022

So, what happens to post-petition appreciation of assets during a Chapter 13? Does the Debtor get to keep the money? Or does the Chapter 13 Trustee get it for the benefit of creditors? That was the question for the Court in In re Klein, 2022 WL 3902822 (Bankr. D. Colo. 2022). The question in Klein is a bit different than...

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Drummond Receives Professionalism Award

August 18, 2019

By Regina Logsdon, Executive Director, The Academy d/b/a ConsiderChapter13.org Robert (“Bob”) G. Drummond has been the only standing Chapter 13 Trustee for the District of Montana since 1992. Originally from Montana, Mr. Drummond graduated from Montana State University with a Bachelor of Science degree in Agricultural Business, and received a Juris Doctorate in Law with Honors from the University of...

In re Lazaro: Non-Monetary Default and § 1322(b)(5)

James M. Davis

June 4, 2023

Can a debtor provide for a non-debtor’s loan under § 1322(b)(5) even if the plan does not address a non-monetary default on the claim? In re Lazaro suggests the answer may be “yes.” In that case, the Court held not only that the Debtor’s plan could provide to cure a monetary default on a loan taken out by the Debtor’s...

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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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From the Editor

April 7, 2019

By Wm. Houston Brown, United States Bankruptcy Judge (Retired) Attorney Fees - Chapter 13 debtor’s attorney not entitled to recovery under § 330 of fees that were incurred in defending prior attorneys’ sanctions motion. The debtor’s prior attorneys had sought to impose sanctions on the current attorney, and that attorney successfully defended against sanctions. However, the fees incurred by the...

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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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The Cloud Cometh

Naliko Markel

October 23, 2022

The cloud seems to be all anyone wants to talk about these days in the tech field. I presented on it at the annual meeting in San Francisco this past summer and I presented on it at the first annual Region 9 I.T. Conference last month. I’m not tired of talking about it because the cloud is the future for...

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ZOOM – Instructions/Directions from the Office of Ronda Winnecour, Standing Chapter 13 Trustee*

April 26, 2020

(Items in italics have been added by Academy staff) . . . will be held virtually by ZOOM . . . Please visit our website at ch13pitt.com (this site has very detailed directions) for all of the details and instructions. A computer is not a necessity since ZOOM also allows participation by telephone (iphone, Android). Please visit the website before...

Does Section 1325(b)(1)(A) Hold Your Interest?

Daniel M. Tavera, The Honorable John P. Gustafson

July 9, 2023

When Does The Bankruptcy Code Require The Payment Of Interest On Unsecured Claims In Chapter 13? I. Introduction This article primarily discusses the interpretation and application of § 1325(b)(1)(A) of the Bankruptcy Code in relation to the payment of interest to general unsecured creditors in chapter 13 bankruptcy cases. Section 1325(b)(1)(A) generally states that a court may not approve a chapter...

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How to Build and Strengthen Your Chapter 13 Debtor Practice

The NACTT Emeritus Trustees

July 3, 2022

In these times of fewer case filings, it may be helpful to look at ways that debtor attorneys may build and strengthen their chapter 13 bankruptcy practice. The following are some recommendations and ideas from the Emeritus Trustee Committee: