Ask Ms. Ps & Qs

By Professor Nancy Rapoport

Dear Readers:

It was wonderful to see so many of you at the NACTT annual meeting!1 Now that we’re all back home (or somewhere else interesting), here’s this month’s question:

I filed a joint Chapter 7 in the [redacted] District of [redacted] in which I listed several business creditors just in case of any possible personal liability of the debtor. My client was president of the now-defunct company, but two of the business creditors have filed separate adversary proceedings objecting to discharge, as well . . .

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Still Trying to Apply Taggart: Fourth Circuit Vacates Beckhart v. Newrez, LLC

Lawrence R. Ahern, III

May 15, 2022

Background - In re Taggart In 2019, the Supreme Court rendered its opinion in In re Taggart,1 which was the subject of earlier analyses: (1) Is a Finding of Contempt Precluded by a "Good Faith" but Unreasonable Belief that an Action Does Not Violate the Discharge Injunction?; (2) Looking Beyond . . . It looks like you are not signed...

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Chapter 13 Trustee Duties, Powers, And Limitations – Part 5

November 1, 2020

By James J. Robinson, Chief United States Bankruptcy Judge, Northern District of Alabama Under what circumstances should the trustee object to claims (assuming a purpose would be served under § 707(a)(5))? Midland Funding, LLC v. Johnson, 137 S. Ct. 1407 (2017). This case centered around the debtor’s argument that a creditor violated the Fair Debt Collection Practices Act when it...

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In the Trenches: Secrets to Settlement – Competency in the Courtroom Part 3 of 3

June 23, 2019

By Jan Hamilton, Chapter 13 Trustee (Topeka, KS) Click here for Part 1 of 3 Click here for Part 2 of 3 19. In the Courtroom ― Leading Questions Learning how to conduct a direct examination of your witnesses is the cornerstone to your case. Early . . . It looks like you are not signed in or registered! This...

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When the Duty to Provide Tax Returns Collides with Confidentiality

Michael B. Joseph

February 6, 2022

Bankruptcy Code Section 521(e)(2)(A)(i) and (ii) provides that a debtor must supply tax returns to the trustee in a chapter 7 or 13 case, and to a creditor who timely requests such copy. Must the debtor provide copies that contain personal identifying information such as names, addresses and social security numbers of dependents including minor children? Or a redacted version...

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341s: The Good, the Bad and the Ugly

Brandi Manuel Jolley

November 19, 2023

“The chief obstacle we have had since starting Zoom revolves around the lack of high-speed internet in our division.”

Think a Chapter 13 Trustee Conference Isn’t for You? Think Again.

Jason Wilson-Aguilar

November 23, 2025

What if the conference you thought wasn’t meant for you turned out to be the one that could transform your practice? The NACTT conference may be the most valuable three days of your year!

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...

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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Bankruptcy Court Finds Jurisdiction to Hear Discharge-Injunction Violation Class Action

May 9, 2021

By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN) Introduction The Bankruptcy Court for the Eastern District of New York ruled last month, in a case styled In re Ajasa,1 that bankruptcy courts have subject matter jurisdiction to consider nationwide class actions that allege contempt of discharge injunctions. The broader effect of the opinion is that a discharge injunction...

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Gotta Watch Those Pro Se Debtors Especially the Ones Called “Trusts”

Henry E. Hildebrand, III

August 10, 2025

Direct payment to unsecured creditors is improper as is embedding a request for additional or alternate relief in a response to an unrelated motion.

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Related Articles

Still Trying to Apply Taggart: Fourth Circuit Vacates Beckhart v. Newrez, LLC

Chapter 13 Trustee Duties, Powers, And Limitations – Part 5

In the Trenches: Secrets to Settlement – Competency in the Courtroom Part 3 of 3

When the Duty to Provide Tax Returns Collides with Confidentiality

341s: The Good, the Bad and the Ugly

Think a Chapter 13 Trustee Conference Isn’t for You? Think Again.

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

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

Bankruptcy Court Finds Jurisdiction to Hear Discharge-Injunction Violation Class Action

Gotta Watch Those Pro Se Debtors Especially the Ones Called “Trusts”

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