Ask Ms. Ps & Qs

By Professor Nancy Rapoport

Dear Readers:

You all know about the importance of “wet” signatures, right? Those are the signatures that prove that the person who was supposed to sign something actually did sign it. They’re the “real” ones—not replicas. Not only do I still have the old-fogey-ish urge to use blue ink for those signatures, even though there are color copiers now, but I also have a case for you to consider. In Dhaliwal v. Singh (In re Singh), BAP No. NC-13-1285-DJuKi (March 4, 2014), the Ninth Circuit . . .

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Supreme Court Revisits Finality of Orders in Bankruptcy: Comment on Ritzen and Review of “Finality”

February 9, 2020

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN) Introduction The Supreme Court unanimously held on January 14 that an order denying stay relief was final in Ritzen Group, Inc. v. Jackson Masonry, LLC.1 Thus, the creditor should have appealed the denial instead of waiting until later in the case to seek again to pursue its pre-bankruptcy litigation against...

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The NCBJ Is Turning 100

The Honorable Deborah L. Thorne, The Honorable Kathy A. Surratt-States

April 21, 2024

Judge Deborah Thorne, NDIL, and Judge Kathy Surratt-States, EDMO, on behalf of the NCBJ’s DEI Committee, have written two articles about some of judicial firsts.

Critical Case Comment

June 16, 2019

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee Mortgage creditor may not withdraw a notice of fees, costs, and charges filed in a case after the supplement to the claim has been challenged without court approval; the allowance of such a notice will not be permitted where a state statute forbids it. Quicken...

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Lessons From In Re Chase: Student Loan Discharge and Loan Consolidation

Rahaf Alrehaili, Esq.

January 5, 2025

A recent decision out of Maine underscores the strategic nuances of discharging student loans in bankruptcy.

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ABI Commission on Consumer Bankruptcy – Student Loans – Suggested Statutory Changes

April 21, 2019

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN) Section I. Student Loans, Part I Statutory Suggestions When the Commission asked participants to identify the most important issue in consumer bankruptcy, all three committees were told the same thing: the role of bankruptcy in the field of student loans. All three committees looked at the issue and proposed...

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Omission and § 532(a)(2)(B)

M. Jonathan Hayes

September 21, 2025

Can an omission be a “statement of financial condition” sufficient to establish non-dischargeability under § 523(a)(2)(B)? Yes, says Judge Dennis Montali

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Passive Retention: A Creditor’s Right or an Act to Exercise Control?

April 14, 2019

By John Andreasen and Patrick Lombardi, Law Students at the University of Illinois College of Law and Duberstein Moot Court Team Members Both consumers and businesses often depend on motor vehicles for their livelihood or, for consumers, access to health care, child care, or other essential services. A creditor’s repossession of a motor vehicle can turn into an existential crisis...

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In re Kaiser Gypsum Co., Inc., 60 F.4th 73 (4th Cir. 2023), pet. for cert. granted, Truck Ins. Exchange v. Kaiser Gypsum Co., Inc., 2023 WL 6780372, (U.S., October 13, 2023).

The Honorable William Houston Brown

October 29, 2023

The Fourth Circuit Court of Appeals held that a plan proposal to create an asbestos trust through Chapter 11 bankruptcy was “insurance neutral,” and the debtor’s insurer was not a party in interest under Code § 1109(b), which contains a noncomprehensive list of parties in interest to a Chapter 11 case. Whether the insurer was a party in interest determined whether...

Ask Ms. Ps and Qs

May 10, 2020

By Professor Nancy Rapoport, University of Nevada Dear Readers: Regina Logsdon has just asked me a great question: In this new world of Zoom, is it okay to record meetings? Video and audio? Permission needed? Does it vary state to state? We are living in a new normal, and video conferencing will continue to be part of our lives even...

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Post-Petition Causes of Action, Inheritances and Windfalls Are Property of the Estate and Must Be Reported to the Trustee – Part 2 of 5

July 21, 2019

By John P. Gustafson, United States Bankruptcy Judge, Northern District of Ohio, Western Division Click here for Part 1 B. The Duty To Disclose Post-Petition Causes Of Action. 1. The Waldron Decision. The 11th Circuit Court of Appeals considered the issue of whether or not a post-petition cause of action is . . . It looks like you are not...

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Related Articles

Supreme Court Revisits Finality of Orders in Bankruptcy: Comment on Ritzen and Review of “Finality”

The NCBJ Is Turning 100

Critical Case Comment

Lessons From In Re Chase: Student Loan Discharge and Loan Consolidation

ABI Commission on Consumer Bankruptcy – Student Loans – Suggested Statutory Changes

Omission and § 532(a)(2)(B)

Passive Retention: A Creditor’s Right or an Act to Exercise Control?

In re Kaiser Gypsum Co., Inc., 60 F.4th 73 (4th Cir. 2023), pet. for cert. granted, Truck Ins. Exchange v. Kaiser Gypsum Co., Inc., 2023 WL 6780372, (U.S., October 13, 2023).

Ask Ms. Ps and Qs

Post-Petition Causes of Action, Inheritances and Windfalls Are Property of the Estate and Must Be Reported to the Trustee – Part 2 of 5

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