Ask Ms. Ps & Qs

Dear Readers:

Academy Exec Regina Logsdon found me a great topic for this month’s column: what happens to a lawyer when the pressures of life become difficult and the lawyer decides to do some self-medication to relieve the stress. (In other words, how far-reaching a DUI can be to one’s career.)

In the case that Regina forwarded to me, the attorney’s blood alcohol level at the time of her arrest was .28%. I’m surprised that the lawyer was able to function at all with a BAC that high.1

What . . .

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.

For Whom Does the Bell Toll?

October 10, 2021

By Angela M. Scolforo, Staff Attorney to Herbert L. Beskin, Chapter 13 Trustee for the Western District of Virginia Since January 2019 alone there have been about 250 student loan discharge cases decided in the federal courts.1 One site reports that student loan debt in the United States totals $1.73 trillion, across 43.2 million borrowers, and the debt is growing6...

Members

Thoughts on the Law: Stay at the Crossroads – The Code of the Wild, Wild West?

February 23, 2020

By The Honorable John P. Gustafson, United States Bankruptcy Judge, Northern District of Ohio (Toledo) There are two legal battles going on that may end up being dysfunctionally related…. 1. What Happens If The Automatic Stay Is Not Extended In A “Second Case Pending Within One Year”? A split of authority has been percolating since 2005, involving the all too...

Members

May the Chapter 13 Trustee Keep Fees Paid Before Dismissal?

Lawrence R. Ahern, III

April 10, 2022

Larry Ahern this week begins a two-part examination of whether a Chapter 13 trustee may retain fees paid without a confirmed plan before dismissal. Part 1 is a detailed analysis of McCallister v. Evans, a recent case accepting the trustee's position considering a division in the caselaw and analyzing in detail the relevant statutes. May the Chapter 13 Trustee Keep...

Members

Progeny of Law v. Siegel: Sixth and Ninth Circuits Say Right to Dismiss Chapter 13 Case is Absolute, Not Qualified by Section 105

September 26, 2021

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN) "Equity is not an old man, with a long grey beard, sitting under a tree. Equity has rules."1 Introduction Section 105 When enacted in 1978, the Bankruptcy Code in section 105 included an "all writs" statute for the Bankruptcy Courts: The court may issue any order, process, or judgment that...

Members

Overly Rigid and Broad

Henry E. Hildebrand, III

June 21, 2026

Keathley should now be added to your list of important Supreme Court cases. Be sure to take a look at the concurring opinions. See also: Supreme Court Gets Judicial Estoppel Right, at Least More Right

Members

Reconversion to Chapter 13 – Betwixt and Between?

Michael B. Joseph

January 21, 2024

“Is it possible to voluntarily convert a chapter 13 case to chapter 7, and later reconvert back to chapter 13? There is a split of authority on whether this maneuver is allowed.”

Members

Motions to Recuse the Bankruptcy Judge

The NACTT Emeritus Trustees

August 11, 2024

Although few are filed, and rarely granted, motions for the recusal of a bankruptcy judge are quite serious. We asked our Emeritus Trustee Committee for their opinion and comments on recusal motions.

Members

Critical Case Comment

June 27, 2021

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN) It constitutes an unfair discrimination, violative of 11 U.S.C. § 1322(b)(1), for a Chapter 13 plan which would pay more to a student loan than to the remaining general unsecured creditors. (Somers) In re Kane, 603 B.R. 491 (Bankr. C.D. Kan. June 18, 2019) Case Summary Ronald Kane filed...

Members

Upwardly Mobile: An Analysis of the Telecommunications Deduction Line on the Means Test

Kara K. Gendron

September 17, 2023

“Perhaps the most obvious problem with this instructional language is that it refers to outdated services.”

Members

Hanging Paragraph, Cars for Non-Personal Use, and PMSI

November 3, 2019

By Gretchen Holland, Standing Chapter 13 Trustee for the Greenville/Spartanburg Division of South Carolina The hanging paragraph of § 1325(a)(9) prevents bifurcation of a PMSI claim if the collateral securing it was purchased within certain time periods prepetition. A 910-day limitation applies to motor vehicles acquired for the debtor’s personal use. A one-year limitation applies to all other PMSI collateral,...

Members

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

For Whom Does the Bell Toll?

Thoughts on the Law: Stay at the Crossroads – The Code of the Wild, Wild West?

May the Chapter 13 Trustee Keep Fees Paid Before Dismissal?

Progeny of Law v. Siegel: Sixth and Ninth Circuits Say Right to Dismiss Chapter 13 Case is Absolute, Not Qualified by Section 105

Overly Rigid and Broad

Reconversion to Chapter 13 – Betwixt and Between?

Motions to Recuse the Bankruptcy Judge

Critical Case Comment

Upwardly Mobile: An Analysis of the Telecommunications Deduction Line on the Means Test

Hanging Paragraph, Cars for Non-Personal Use, and PMSI

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: