Ask Ms. Ps & Qs

By Professor Nancy Rapoport

Dear Readers:

You and I have seen good lawyers and bad lawyers, but rarely have we gotten a glimpse into a sequence of bad decisions leading to what former Judge Markell would term an “epic fail.”[1] In Greenfield v. Anderson (In re Disciplinary Proceeding of Bruce M. Greenfield), Case No. CC-13-1006-KiTaKu (Bankr. 9th Cir. 2013) (not for publication), the Bankruptcy Appellate Panel affirmed disciplinary sanctions for a lawyer who, it seems, did many, many things wrong.

The opinion does not start out well for the . . .

It looks like you are not signed in or registered! This content is only available to members.

Or Sign In Below:

No Author Biography has been linked to this Article.

Lisa L. Lambert Appointed as U.S. Trustee for the Northern and Eastern Districts of Texas

The Academy

December 1, 2024

Lisa L. Lambert has been appointed by Attorney General Merrick B. Garland as the U.S. Trustee for the Northern and Eastern Districts of Texas (Region 6). Lambert replaces Kevin M. Epstein, who filled the Region 6 role in an interim capacity and who continues to serve as the U.S. Trustee for the Southern and Western Districts of Texas (Region 7).

Here’s How a Name Change Affects a Tax Return

March 10, 2019

When someone legally changes their name, there are tax consequences they need to know about, especially at tax time. People change their names for several reasons: Taking their spouse’s last name after a marriage Hyphenating their last name with their spouse’s after getting married Going back to their former name after a divorce Giving an adopted child the last name...

From the Editor – Claims

February 9, 2020

By The Honorable William Houston Brown (Retired) Failure to include creditor on matrix not grounds to extend time for proof of claim. The Chapter 13 debtor had timely filed her list of creditors, pursuant to Rule 1007(a), but she failed to include a creditor either on that list or in the schedules, resulting in the creditor not receiving notice of...

Members

When (or Not) Is the Best Interests of Creditors Test Applicable in a Modified Plan?

August 22, 2021

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN) While the best interests of creditors test is applicable upon modification of a Chapter 13 plan, post-petition acquired property of the estate is not included in such analysis in that such property would not be property of a Chapter 7 estate. (Somers) In re Taylor, 2021 WL 3118824 (Bankr....

Members

Use All Channels to Educate Bankruptcy Debtors

Cathy Moran

March 3, 2024

The skills of a consumer bankruptcy lawyer must include a healthy dose of the skillset of a teacher. More on listening/communicating with Clients: Who Is Stupid Here? Why Listening Is a Bankruptcy Lawyer’s Superpower

Members

From the Editor

March 31, 2019

By Wm. Houston Brown, United States Bankruptcy Judge (Retired) Debtor’s Attorney - Chapter 13 no-look fee subject to Hawai’i’s general excise tax. Construing the State’s excise tax, the Chapter 13 debtor’s attorney could not collect the required excise tax in addition to the agreed upon no-look fee. The district’s Rights and Responsibilities Agreement between debtor and attorney did not contain...

Members

The VA Loan Trap: Broken Promises and New Hurdles for Veterans

Roberto Rivera

November 17, 2024

“The VA created a program to capture missed payments and "put them to the end of the loan," but they eliminated it. . . . Many Veterans were forced to accept loan modifications that increased their payments. Those who didn't accept or were denied modifications were promised a new program, VASP.”

Members

Meet a New Trustee

The Academy

October 22, 2023

Angela M. Scolforo was appointed as the Chapter 13 Standing Trustee for the Western District of Virginia on April Fool’s Day. She replaced Herbert L. Beskin who served as the Trustee for 20 years, retiring in March of this year. Angela received a B.A. in English from College of the Holy Cross in Worchester, Massachusetts, in1987. She did not immediately go...

Be Sure Your Sins Will Find You Out

Henry E. Hildebrand, III

September 15, 2024

Failure of a Chapter 13 debtor to disclose the existence of a cause of action which accrued prior to or shortly after the filing of the petition merits dismissal of the case with a one-year bar against a subsequent bankruptcy filing.

Members

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...

Ask Ms. Ps & Qs

Link to Post:

It looks like you are not signed in or registered! This content is only available to members.

Or Sign In Below:

Related Articles

Lisa L. Lambert Appointed as U.S. Trustee for the Northern and Eastern Districts of Texas

Here’s How a Name Change Affects a Tax Return

From the Editor – Claims

When (or Not) Is the Best Interests of Creditors Test Applicable in a Modified Plan?

Use All Channels to Educate Bankruptcy Debtors

From the Editor

The VA Loan Trap: Broken Promises and New Hurdles for Veterans

Meet a New Trustee

Be Sure Your Sins Will Find You Out

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

Academy

Members

Website

Legal

Looking to Become a Member?

Webinars

Member Articles

Industry News

To get started, please let us know which of these best fits your current position: