Ask Ms. Ps & Qs

By Professor Nancy Rapoport

Dear Readers:

2013 has just flown by, hasn’t it? It’s time to make our new year’s resolutions for 2014, and here are some of mine:

Keep up to date. It’s easy, when you’re busy, to say “I’ll read those cases or that article later.” I do that all the time.1 If you don’t have time to read, then go to CLEs and let other folks tell you about recent developments.2 It looks like you are not signed in or registered! This content is only available to members.

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Appendix – A Review of Residential Mortgage “Stripping,” Recent Developments and the Effect of 11 U.S.C. § 1111(b)

July 18, 2021

A Brief Summary of "Strip Down" and "Strip Off" Rules Lawrence R. Ahern, III Brown & Ahern Nashville, Tennessee Most Academy readers do not need an in-depth primer on lien-stripping, but this Appendix is designed to provide a high-level summary of the most important rules involved, as interpreted by the courts since enactment of the Bankruptcy Code and as affected...

Members

Why Your Bankruptcy Client Doesn’t Understand You (And How to Fix the Problem)

Cathy Moran

October 20, 2024

Bankruptcy terminology, so familiar to lawyers, stymies clients. Even common English words seem to flummox our clients. We are a pair, divided by our common language. Check out Attorney Moran’s Words at War and then add your own to be shared next week.

Members

Eligibility “Twofer”

Henry E. Hildebrand, III

July 14, 2024

These cases are of specific interest to creditors but debtor attorneys and trustees also should be aware. Chapter 7 debtor bears the burden of proof of demonstrating eligibility in order to convert to Chapter 13; such proof requires them to demonstrate that they have regular income adequate to fund a Chapter 13 plan. AND . . . Chapter 13 plan fails to satisfy the eligibility requirements if it depends upon gifts or loans to be feasible.

Members

2022 Bankruptcy Procedure Year in Review: Revised Statute and Rules and Selected Cases Part 9 More from the Supreme Court: MOAC Mall Holdings LLC v. Transform Holdco LLC

Lawrence R. Ahern, III

May 14, 2023

Introduction This series reviews developments in bankruptcy procedure during the past year.One new rule and amendments to 16 rules took effect December 1, 2022. Many reflected changes necessitated by the Small Business Reorganization Act of 2019 (SBRA), and had been in place in the same or similar form on an interim basis since that legislation took effect.

Members

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

Meet an AO Trustee

February 24, 2019

On June 26, 2017, Bradford W. Caraway was appointed as the Chapter 13 Standing Trustee for the Northern District of Alabama, Southern Division. He replaced D. Sims Crawford who had been appointed as a United States Bankruptcy Judge for the Northern District of Alabama. Trustee Caraway maintains his office in Birmingham. At the time of his appointment as Standing Trustee,...

Members

Is Nunc Pro Tunc Really Sunk?

December 20, 2020

By James M. Davis, Staff Attorney to Chapter 13 Standing Trustee Henry E. Hildebrand, III (Nashville, TN) Bankruptcy Courts take determinations from the Supreme Court seriously. And rightfully so. But sometimes, some bankruptcy courts are guilty of reading too much into the Court’s statements. The latest example is the soul searching around “nunc pro tunc” (“now for then”) orders. Earlier...

Members

What, Exactly, Is the Trustee’s Percentage Fee

Rebecca Herr

April 23, 2023

In recent years, a handful of cases have discussed the issue of what happens to the trustee’s percentage fee, collected from debtor plan payments, upon the dismissal or conversion of a case prior to confirmation. This is an emerging area of law, with decisions on both sides. However, with this new issue, there appears to be at least some confusion...

Members

Keep Calm and Carry On – Observations Regarding CBRA

Henry E. Hildebrand, III

October 9, 2022

First, breathe deep and try to relax. The Antitrust, Commercial and Administrative House Subcommittee of the House Judiciary Committee, with minimal notice, set an oversight hearing for September 29, 2022. The subcommittee is charged to deal with matters relating to bankruptcy. The subject of the hearing was to be the “Oversight of the Bankruptcy Code, Part 2: Ensuring a Fresh...

Revved Up and Ready to Go But Not Good Faith

Henry E. Hildebrand, III

August 4, 2024

Just because a Chapter 13 plan satisfies the disposable income test does not mean it passes the good faith test particularly if luxury items are involved.

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Related Articles

Appendix – A Review of Residential Mortgage “Stripping,” Recent Developments and the Effect of 11 U.S.C. § 1111(b)

Why Your Bankruptcy Client Doesn’t Understand You (And How to Fix the Problem)

Eligibility “Twofer”

2022 Bankruptcy Procedure Year in Review: Revised Statute and Rules and Selected Cases Part 9 More from the Supreme Court: MOAC Mall Holdings LLC v. Transform Holdco LLC

Be Sure Your Sins Will Find You Out

Meet an AO Trustee

Is Nunc Pro Tunc Really Sunk?

What, Exactly, Is the Trustee’s Percentage Fee

Keep Calm and Carry On – Observations Regarding CBRA

Revved Up and Ready to Go But Not Good Faith

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