From the Editor – Discrimination

By The Honorable William Houston Brown (Retired)

Former debtor not protected in political appointment. The Wisconsin Governor had intended to appoint an individual as interim county register of deeds but decided not to do so after learning of her prior bankruptcy filing. The individual then sued the Governor and another governmental official for violation of statutory and constitutional rights, but the Seventh Circuit held that the defendants had not waived qualified immunity. The defense of qualified immunity was not raised until the answer to plaintiff’s amended complaint. The defendants, as governmental officials, had qualified immunity . . .

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The Cloud Cometh

Naliko Markel

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The cloud seems to be all anyone wants to talk about these days in the tech field. I presented on it at the annual meeting in San Francisco this past summer and I presented on it at the first annual Region 9 I.T. Conference last month. I’m not tired of talking about it because the cloud is the future for...

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Put Me In Coach, I’m Ready To Play

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You may recognize the title of this article as being the chorus line from the John Fogerty song entitled, “Centerfield.” The song is about a baseball player ready to enter the game. We are at the mid-point of the Major League Baseball season. Coaches will be instructing and motivating their teams in hopes of winning games and eventually winning the...

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Postpetition Borrowing by a Consumer Debtor in Chapter 13 – Part 1 of 2

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By Judge Michael A. Fagone & Career Law Clerk Ciera S. Dye Although our Nation’s bankruptcy laws are uniform, chapter 13 practice in our Nation’s bankruptcy courts varies to a significant extent in the different judicial districts. One example of this variation is the treatment of postpetition borrowing by a consumer debtor in chapter 13.i Neither the Bankruptcy Code nor...

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Delaware Trustee Michael Joseph to Retire

Paul Chael

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The debtors will miss him. The creditors will miss him. Even more, his colleagues will miss him. Michael Joseph has served as the Chapter 13 Trustee in Delaware since 1987. He is retiring March 31, 2022. He has served with competence and excellence. The debtors will miss him because he treated them with dignity and compassion. The creditors knew they...

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From the Editor – Confirmation

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Delinquent Utilities and Disconnection Under New Bankruptcy Provision

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Critical Case Comment

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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...

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ABI Commission on Consumer Bankruptcy – A Chapter 7 Trustee’s Sale of Encumbered Property

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