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v. Anderson (In re Disciplinary Proceeding of Bruce M. Greenfield), Case No. CC-13-1006-KiTaKu (Bankr. 9th Cir. 2013) (not for publication), the Bankruptcy Appellate Panel affirmed disciplinary sanctions for a lawyer who, it seems, did many, many things wrong.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 . . .

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Critical Case Comment

March 31, 2019

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee When the wages of an insolvent spouse are deposited into the couple’s entireties account, both spouses are fraudulent transferees; wage deposits spent on non-necessary expenditures are recoverable from the joint account by determining the proportion to the overall share of wages in the account as...

Members

Dollar Amount Increases in Bankruptcy Code

March 3, 2019

By William Houston Brown, United States Bankruptcy Judge, Retired; Editor/Adviser, The Academy On April 1, 2019, an increase takes effect in those dollar amounts in the Bankruptcy Code that are subject to adjustment every three years.1 The following increases have significance in everything from the eligibility maximums for filing under Chapters 12 and 13 to the debtor’s exemptions. Relevant Official...

Beyond Professional Ethics

July 25, 2021

By Merideth Akers, CPA, PHR, Comptroller forBradford W. Caraway (Birmingham, AL) I am a Certified Public Accountant (CPA) and a Professional in Human Resources (PHR). I suspect that many who read this article are Licensed Attorneys. Others may hold a certification from other professions. These entities have their own rules of professional ethics and conduct that govern what we are...

Members

Are Monthly Newsletters to Clients Beneficial? Heck Yeah!

November 14, 2021

By Mary Beth Ausbrooks, Rothschild & Ausbrooks PLLC (Nashville, TN) With the prolonged decline in case filings, I found that sending a mass emailed newsletter has been very beneficial. In order to send a mass email to a group of people, it was necessary to find software that would send the emails out in such a fashion that the email...

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Turnover by Motion? How About Under Rule 6008?

February 28, 2021

By Joseph A. Bledsoe, III (“Jody”), Chapter 13 Standing Trustee for the Eastern District of North Carolina (New Bern) In the aftermath of City of Chicago v. Fulton, discussions abound as to whether it is sufficient for a chapter 13 debtor to seek return of his vehicle, repossessed prepetition, via a motion for turnover. Most seem to believe a motion...

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Progeny of Taggart: In re Gravel and Newrez, LLC v. Beckhart

September 12, 2021

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN) Introduction In re Taggart In 2019, the Supreme Court in In re Taggart1 ruled that the acts alleged in that case to be in violation of a discharge injunction did not empower the bankruptcy court to find the creditor in contempt. In so holding, the Court ostensibly attempted to strike...

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Extensions of CARES Act Provisions By COVID-19 Bankruptcy Relief Extension Act of 2021

April 4, 2021

The CARES Act, Public Law 116-136 had amended several parts of the Bankruptcy Code, but included sunset provisions terminating March 27, 2021. The COVID-19 Bankruptcy Relief Extension Act of 2021, H.R.1651, passed by the House and Senate and signed by the President on March 27, 2021, extended some provisions for another year. Section 1113 of the CARES Act had amended...

Good or Bad Faith?

Hale Andrew Antico

September 10, 2023

The Ninth Circuit BAP held that the chapter 13 debtors converted their case to Chapter 7 in good faith and therefore a post-petition inheritance was not property of the chapter 7 estate.

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Critical Case Comment – Pre to Pre and Post to Post

Henry E. Hildebrand, III

March 5, 2023

Mortgage loan servicer violated mortgage agreement with debtor, the automatic stay, the confirmation order and Rule 3002.1 by applying debtor’s post-petition monthly mortgage payments pursuant to the contractual terms of the loan, thereby applying post-petition payments to the debtor’s pre-petition mortgage arrearage. (Cary) In re Pope, 647 B.R. 597 (Bankr. D. N.H. August 15, 2022) Case Summary In November of...

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From the IRS – Using Strong Password Is a Strong Defense Against Identity Thieves

December 15, 2019

Two things taxpayers can do to protect themselves from identity theft is to use strong passwords and keep those passwords secure. While many people use fingerprint or facial recognition technology to protect their devices, sometimes it’s still necessary to use a password. In recent years, cybersecurity experts’ recommendations on what constitutes a strong password has changed. With that in mind,...

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Related Articles

Critical Case Comment

Dollar Amount Increases in Bankruptcy Code

Beyond Professional Ethics

Are Monthly Newsletters to Clients Beneficial? Heck Yeah!

Turnover by Motion? How About Under Rule 6008?

Progeny of Taggart: In re Gravel and Newrez, LLC v. Beckhart

Extensions of CARES Act Provisions By COVID-19 Bankruptcy Relief Extension Act of 2021

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Critical Case Comment – Pre to Pre and Post to Post

From the IRS – Using Strong Password Is a Strong Defense Against Identity Thieves

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