Bankruptcy: A Lesson in Conflicts and Sex with Clients© – Part 3 of 4

By Mark D. Yochum, Professor of Law, Duquesne University School of Law

The standard for review of disqualification is abuse of discretion, whether a reasonable person could agree with the court’s decision. Cause, under 11 U.S.C. §324(a) includes conflicts. Proof of cause (and the burden is on those seeking disqualification) is not satisfied by mere conclusory allegations; there must be specific facts. In re Regan, 403 B.R. 614, 623 (B.A.P. 8th Cir. 2009). The District Court here concluded that sufficient factual basis was established to show conflict in investigation of potential . . .

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Small Business Chapter 11 Update, Where Are We Eight Months In?

November 22, 2020

By M. Jonathan Hayes We are now eight months into the Small Business Reorganization Act of 2019, which took effect in February. The act attempted to establish a cheaper, quicker route for small businesses to reorganize under new Subchapter V of the bankruptcy code. Here are a few of my observations over the past several months. First, some small businesses...

Overly Rigid and Broad

Henry E. Hildebrand, III

June 21, 2026

Keathley should now be added to your list of important Supreme Court cases. Be sure to take a look at the concurring opinions. See also: Supreme Court Gets Judicial Estoppel Right, at Least More Right

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SCOTUS Cases Every Bankruptcy Lawyer Should Know – Part 8 of 8

The Honorable John P. Gustafson

January 11, 2026

The final in our series of key decisions every bankruptcy practitioner should recognize—both by name and by the issues they resolve. This week’s ‘memory work’ is: Baker Botts v. ASARCO; Northern Pipeline v. Marathon Pipe Line; Exec. Benefits Ins. v. Arkison; and Wellness v. Sharif

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Why the FCRA’s Dispute Machinery So Often Breaks Down – A Practical Primer for Bankruptcy Counsel

Mark C. Leffler

September 14, 2025

“Verified as reported.” Three words that kill your client’s dispute—and fuel your next case.

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The Periphery of Bankruptcy Law: The Importance of Non-Bankruptcy Issues in Consumer Bankruptcy – A Study

Edward C. Boltz

February 23, 2025

This study by Professor Pamela Foohey defends the integration of consumer protection laws into bankruptcy courts but with at least one missing piece . . .

Post-Petition Causes of Action, Inheritances and Windfalls Are Property of the Estate and Must Be Reported to the Trustee – Part 1 of 5

July 14, 2019

By John P. Gustafson, United States Bankruptcy Judge, Northern District of Ohio, Western Division A. Property Acquired After The Filing Of The Chapter 13 Case: The Different Approaches. 1. Property Acquired Post-Petition vs. Property “Vesting In The Debtor”. Click here for Part 2 The broad issue of what becomes property of the Chapter 13 estate post-petition involves consideration of two...

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Trustee May Use Any Law Available to Avoid a Transfer

March 17, 2019

By Herbert L. Beskin, Chapter 13 Trustee for the Western District of Virginia (Charlottesville) *Special thanks to Gretchen D. Holland for editing this article. Facts In Vieira v. Gaither (In re Gaither), Bankr. D. S.C., # 18-01317-dd, Adv. Pro. 18 80040-dd, Chapter 7 case; 11/30/18 opinion (Duncan); 2018 Bankr. LEXIS 3816, the Debtors’ son died in an aviation accident in...

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Crime Does Pay in Bankruptcy

Daryl J. Smith

September 15, 2024

The statutes and case law surrounding bankruptcy and criminal debts involve nuanced distinctions and rigorous proof requirements. Trustee Smith brings ConsiderChapter13.org readers insight into what is and what is not dischargeable.

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Of Tax Refunds, Exemptions, Setoffs, and Roman Gods

April 18, 2021

By Herbert L. Beskin, Chapter 13 Standing Trustee for the Western District of Virginia (Charlottesville) If you’re looking for a well-written and clear appellate opinion about a much-litigated topic, with a bit of ancient mythology thrown in for good measure, this HUD’s for you. The case is Wood v. U.S. Dept. of Housing & Urban Development (In re Larry and...

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Claim Objections: Unusual Burden of Proof

Henry E. Hildebrand, III

November 9, 2025

Party objecting to a proof of claim bears the initial burden of proof to overcome the presumption of validity. Upon overcoming that presumption, the creditor then has the burden of proof to establish the validity of its claim.

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Bankruptcy: A Lesson in Conflicts and Sex with Clients© – Part 3 of 4

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Related Articles

Small Business Chapter 11 Update, Where Are We Eight Months In?

Overly Rigid and Broad

SCOTUS Cases Every Bankruptcy Lawyer Should Know – Part 8 of 8

Why the FCRA’s Dispute Machinery So Often Breaks Down – A Practical Primer for Bankruptcy Counsel

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Trustee May Use Any Law Available to Avoid a Transfer

Crime Does Pay in Bankruptcy

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Claim Objections: Unusual Burden of Proof

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