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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From the Editor

September 20, 2020

By The Honorable William Houston Brown (Retired) Chapter 13 debtors’ FDCPA claim was not “related to” bankruptcy case. After reopening closed case, the debtors filed adversary complaint against mortgage holders and servicers, alleging various claims for violation of discharge injunction, automatic stay and FDCPA. The complaint plausibly pleaded elements required for §§ 362(k) and 524(i), but the claims under FDCPA...

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The Dangers of Extending a Plan Too Long – Or Alternatively, Why Take as Little Time as Possible

April 26, 2020

By Joseph A. Bledsoe, III, Chapter 13 Standing Trustee for the Eastern District of North Carolina (New Bern) Under section 1113(b)(1)(C) of the CARES Act, upon the request of a debtor, and after notice and a hearing, a plan confirmed may be extended up to 7 years from the date the first payment under the original plan came due if...

Members

Critical Case Comment – Time is of the Essence

Henry E. Hildebrand, III

May 21, 2023

Chapter 13 plan cannot be modified to treat a priority claim as general unsecured after the time for reconsideration of the order has passed. (Easterbrook) Matter of Terrell, 39 F.4th 888 (7th Cir. July 12, 2022) Case Summary The Terrells’ Chapter 13 plan proposed a classification to pay the State of Wisconsin in full as a priority claim because, they...

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Critical Case Comment – Service Counts

Henry E. Hildebrand, III

October 2, 2022

Debtor’s filing application to extend or impose the automatic stay must comply with the service requirements of Rule 7004 as to all creditors or the stay cannot be imposed or extended. (Johnson) In re Hardy, 2022 WL 1196963 (C.D. Cal. April 21, 2022) Case Summary Kimberly Hardy had a long history in consumer bankruptcy. She had filed eight cases, including...

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From the Editor – Claims

May 16, 2021

By The Honorable William Houston Brown (Retired) Unpaid filing fee in prior case was unsecured claim. The Chapter 13 trustee moved for authority to pay unpaid filing fee from prior case, but Court denied that to the extent the motion sought payment ahead of unsecured creditors. The unpaid filing fee was nothing more than a general unsecured claim in the...

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Meet the New Trustee

October 3, 2021

Jack N. Zaharopoulos was appointed as the Chapter 13 Standing Trustee for the Middle District of Pennsylvania on May 1, 2021. He succeeded Charles DeHart after his retirement. After graduating from Marquette Law School in Milwaukee in 2002, Zaharopoulos worked at a general practice firm, doing debtor and creditor bankruptcy work, family law, and even some criminal cases. After gaining...

Fastest Way to Check Tax Refund Is ‘Where’s My Refund?’ Tool at IRS.Gov

February 17, 2019

Offering time-saving alternatives to a telephone call, the IRS reminds taxpayers they can get fast answers to their refund questions by using the “Where’s My Refund?” tool available on IRS.gov and through the IRS2Go app. The IRS issues nine out of 10 refunds in less than 21 days, and the fastest way to get a refund is to use IRS...

Creditors’ Rights and Debtors’ Protections at the Intersection of Consumer Bankruptcy and UCC Article 9

August 30, 2020

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN) PART II – BASICS OF PERFECTION OF SECURITY INTERESTS Introduction Current circumstances, with a pandemic and a recession, portend a wave of bankruptcy filings. In the consumer bankruptcy field, trustees and debtors' counsel often are uncomfortable with the rules in UCC Article 9. In this space, we have previously looked...

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ABI Commission on Consumer Bankruptcy – Student Loans – Suggested Regulatory and Judicial Changes

May 5, 2019

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN) Section I. Student Loans, Part II – Suggested Regulatory and Judicial Changes In our last installment of the Academy Report on the ABI Commission on Consumer Bankruptcy we dealt with the ABI Commission’s suggested statutory modifications which could address some of the problems facing borrowers confronted with substantial student...

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Of Grace Periods and Mortgage Payments

Cathy Moran

January 23, 2022

The no man's land between the mortgage due date and late payment is a persistent trouble spot for Chapter 13 practitioners. Are there arrears when the case is filed during the grace period and the payment made before it was late? In Borre, Judge Ronald Sargis of ED CA said no. He held that the payment was not in default...

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Related Articles

From the Editor

The Dangers of Extending a Plan Too Long – Or Alternatively, Why Take as Little Time as Possible

Critical Case Comment – Time is of the Essence

Critical Case Comment – Service Counts

From the Editor – Claims

Meet the New Trustee

Fastest Way to Check Tax Refund Is ‘Where’s My Refund?’ Tool at IRS.Gov

Creditors’ Rights and Debtors’ Protections at the Intersection of Consumer Bankruptcy and UCC Article 9

ABI Commission on Consumer Bankruptcy – Student Loans – Suggested Regulatory and Judicial Changes

Of Grace Periods and Mortgage Payments

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