From the Editor – Chapter 7 Issues

By The Honorable William Houston Brown (Retired)

Abuse Dismissal

Spouse’s income considered for abuse purposes. Under § 707(b)(3)(B)’s totality of circumstances inquiry, the nondebtor husband’s income contributed to debtor’s household expenses could be considered in abuse determination. Husband was wealthy and parties had been married for twenty-one years, pooling income and expenses. Credit card debt incurred by debtor benefitted household and husband. The specific provisions of § 707(b)(2) did not subsume broader § 707(b)(3). Kulakowski v. United States Trustee (In re Kulakowski), 735 . . .

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Passing of Retired Ohio Judge

The Academy

August 20, 2023

Passing of Retired Ohio Judge Judge Baxter was appointed United States Bankruptcy Judge for the Northern District of Ohio on December 16, 1985, and served in the Court’s Cleveland, Ohio location until his retirement in 2011. He served as Chief Judge between 2004 and 2008. Click here for obituary.

Small Business Reorganization Act

September 29, 2019

By The Honorable Hannah Blumenstiel Yes, MORE on SBRA. We realize that to attorneys February of 2020 seems a LONG way away but it really isn’t. We are building our library on this important legislation so it is available when YOU are ready for it. In this week’s installation, Judge Blumenstiel, analyzes the legislation. The first two and a half...

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In re Evans: Disgorging Chapter 13 Trustee Fees in Cases Dismissed Prior to Confirmation

March 15, 2020

By Jen Grondahl Lee, Jen Lee Law, Inc. (San Ramon, CA) When is a collected fee not a collected fee? When the statutes authorizing payment to the standing Chapter 13 trustee do not provide clear guidance on when that fee is paid and/or earned. The most recent case on this issue is In re Evans (Bankr. Idaho 2020).1 In a...

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Reaffirmations Impose Impossible Demands on Bankruptcy Counsel

February 28, 2021

By Cathy Moran, Esq. (Redwood City, CA) When BAPCA gutted the ipso facto clause, reaffirmation was left as the only way a debtor could be assured of retaining his wheels. Car lenders took sides back then, then changed sides, on whether they would automatically repossess a vehicle when the debt was not reaffirmed. Some wanted the in terrorem effect of...

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When $400 Emergency Pushes You Over the Edge

September 8, 2019

By Cathy Moran, Esq. (Redwood City, CA) The Federal Reserve reported that 40% of Americans couldn’t meet a $400 emergency without borrowing. A significant slice of them couldn’t pay it at all. So, a Bloomberg economist devoted his column to deconstructing how the press and political figures, in his opinion, misused that finding. OMGoodness. The guy was too caught up...

Critical Case Comment – Pro Se Debtor Sanctioned

November 21, 2021

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of TN (Nashville) Where pro se debtors filed numerous groundless complaints and made specious allegations against their former counsel, sanctions under Rule 9011 were appropriate notwithstanding the fact that the debtors were now acting pro se. (Hopkins) In re Jones, 2021 WL 4168110 (Bankr. S.D. O.H., Sept....

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Chapter 13 Trustee Duties, Powers, And Limitations – Part 4

October 25, 2020

By James J. Robinson, Chief United States Bankruptcy Judge, Northern District of Alabama Exactly whose interests does the trustee represent, and when should the trustee object or move to modify? Hope v. Acorn Financial, Inc., 731 F.3d 1189 (11th Cir. 2013). The Eleventh Circuit held that a chapter 13 trustee who was aware of defects with a secured claim before...

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Ask Ms. Ps & Qs

December 8, 2019

By Professor Nancy Rapoport Dear Readers: I know, I know—I’ve been absent from this column for a while,1 but I’ve found a set of cases that intrigued me, so here goes. In several cases, bankruptcy courts here in Nevada have made it clear that lawyers should do a better job of proving up their fees (and proofreading them), especially when...

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Fulton’s Aftermath – What Do Chapter 13 Practitioners Need To Know?

January 31, 2021

By Nathan E. Curtis and Peter Francis Geraci, Geraci Law L.L.C. Debtors who are not current on mortgage or vehicle payments may file for Chapter 13 relief and propose to cure arrears, and force creditors to accept future payments. Mortgage creditors must give multiple notices before taking real estate away from a debtor, but vehicle creditors are allowed to repossess...

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Critical Case Comment – Post-Petition/Pre-Conversion Equity

Henry E. Hildebrand, III

July 30, 2023

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville) Post-petition, pre-conversion equity that accrues in a debtor’s residence during the pendency of a Chapter 13 plan is property of the estate in the Chapter 7 estate following conversion. (Hastings) Goetz v. Weber (In re Goetz), 651 B.R. 292 (8th Cir. BAP, June 1,...

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