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 . . .

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Avoidance Powers In Chapter 13 – Part 2 of 6

January 6, 2019

By John P. Gustafson, United States Bankruptcy Judge, Northern District of Ohio, Western Division (Toledo, OH) Click here for Part 1 of 6 Click here for Part 3 of 6 Click here for Part 4 of 6 Click here for Part 5 of 6 Click here for Part 6 . . . It looks like you are not signed in...

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From the Archives – An Oldie but Goodie

Nancy B. Rapoport

April 14, 2024

Ms. Ps & Qs on ‘Wet Signatures’ – Yep, they are important and nope, you can’t blame others for your mistakes.

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From the Archives – Escrow 101 and 102

Michael J. McCormick, Esq.

April 7, 2024

In the fall of 2021, Michael McCormick provided subscribers with an EXCELLENT, expository, seven-part outline on mortgage escrow. This information is still relevant today.

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Negotiating Plan Confirmation with Secured Creditors – Issues Involving Balloon Payments and Other Mortgage Loans Subject to Modification Under § 1322(c) – Part 2 of 3

November 15, 2020

By David Cox,1 Cox Law Group, PLLC (Lynchburg, VA) Click here for Part 1 II. Dealing With Balloon, Short Term and Related Mortgage Secured Claims Under §§ 1322(c)(2) And 1325(a)(5). § 1322(c)(2) provides that: “Notwithstanding subsection (b)(2) and applicable nonbankruptcy law . . . It looks like you are not signed in or registered! This content is only available to...

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Critical Case Comment–Sex, Lies and the Barton Doctrine

Henry E. Hildebrand, III

March 27, 2022

The issuance of a subpoena to a Chapter 7 trustee by a third party was subject to the Barton Doctrine and could not be permitted without the parties seeking bankruptcy court consent. (Clarkson) In re Eagan Avenatti, LLP, 2022 WL 630332 (Bankr. C.D. Cal. March 3, 2022) Case Summary Eagan Avenatti, LLP, was the California law firm of the somewhat...

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Leaders Must Take Action to Halt Foreclosure Crisis for Minorities

August 23, 2020

NCLC’s Executive Director Rich Dubois and NAACP President and CEO Derrick Johnson are calling on Congress and federal regulators to take action to prevent an impending foreclosure crisis in communities of color, in an opinion editorial published yesterday in The Hill. The op-ed highlights how the cumulative impact of decades of housing policy discrimination on African American homeownership, coupled with...

NCLC Seeks Signers Urging Foreclosure Pause When HAF Applied For

The Academy

January 16, 2022

NCLC seeking non-profit organizations to sign two letters (one to the CFPB and one to FHFA, FHA, VA, and USDA) urging the agencies to require servicers to pause foreclosure activity for at least 60 days after being notified that a borrower has applied for HAF assistance and meets conditional program eligibility. We ask organizations to sign both letters, and the...

Just the Facts, Ma’am – Consolidated Appropriations Act, December 27, 2020

January 10, 2021

By The Honorable William Houston Brown (Retired) This legislation includes several bankruptcy-related provisions, in addition to government funding and other COVID relief. Consumer bankruptcy issues are addressed in Title X of the Act, section 1001, which amends Bankruptcy Code § 541(b)’s exclusions from property of the estate, adding subsection 11 for certain coronavirus relief, defined as “recovery rebates made under...

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The Continuing Saga of Chapter 13 Trustee Fees in Pre-Confirmation Dismissals

Thomas D. DeCarlo

June 25, 2023

Courts continue to wrestle with the issue of trustee fees in pre-confirmation dismissals. The Bankruptcy Court for the Northern District of Illinois has now weighed in in In re Johnson, 2023 WL 3406597 (Bankr. N.D. Il. 2023). The facts are pretty typical. Debtor filed for Chapter 13. After 8 months and 8 confirmation hearings, the Court granted Trustee’s request for...

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What Else Does the Code Say About Interest and Unsecured Debts?

Ken Siomos

March 31, 2024

While some circuits differ, statutory interpretation suggests similar treatment for secured and unsecured claims regarding interest disallowance, unless context dictates otherwise. Attorney Siomos brings subscribers a follow-up to last week’s article.

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Related Articles

Avoidance Powers In Chapter 13 – Part 2 of 6

From the Archives – An Oldie but Goodie

From the Archives – Escrow 101 and 102

Negotiating Plan Confirmation with Secured Creditors – Issues Involving Balloon Payments and Other Mortgage Loans Subject to Modification Under § 1322(c) – Part 2 of 3

Critical Case Comment–Sex, Lies and the Barton Doctrine

Leaders Must Take Action to Halt Foreclosure Crisis for Minorities

NCLC Seeks Signers Urging Foreclosure Pause When HAF Applied For

Just the Facts, Ma’am – Consolidated Appropriations Act, December 27, 2020

The Continuing Saga of Chapter 13 Trustee Fees in Pre-Confirmation Dismissals

What Else Does the Code Say About Interest and Unsecured Debts?

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