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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Inclusion in Bankruptcy Doesn’t Equal “Discharged”

Cathy Moran

February 11, 2024

Communications Practice Pointer! Convincing clients that all of their debts must be included in bankruptcy is one of the hardest parts of being a bankruptcy lawyer. Communicating clearly with our clients, in their language, is a key part of our job. The struggle often seems Herculean.

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2022 Bankruptcy Procedure Year in Review: Revised Statute and Rules and Selected Cases Part 9 More from the Supreme Court: MOAC Mall Holdings LLC v. Transform Holdco LLC

Lawrence R. Ahern, III

May 14, 2023

Introduction This series reviews developments in bankruptcy procedure during the past year.One new rule and amendments to 16 rules took effect December 1, 2022. Many reflected changes necessitated by the Small Business Reorganization Act of 2019 (SBRA), and had been in place in the same or similar form on an interim basis since that legislation took effect.

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Today’s AI Stands to Create Work for Lawyers

Cathy Moran

June 25, 2023

Most lawyers were torn between wincing and laughing when a lawyer filed a brief packed with case authority created out of whole cloth by an AI bot. Meanwhile, a segment of the bar is fretting that we will be replaced by powerful artificial intelligence. My concern, based on a couple of casual forays into AI, is not that I will...

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Evidentiary Issues Arising from Attempts to Prove Alleged “Facts” Stated in The Monster Mash

The Honorable John P. Gustafson, Alexander E. Schmidt

October 26, 2025

It’s time once again to be reminded what a “fact” really is. Happy Halloween!!!

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Tips and Traps: Issuing A Subpoena for Bank Records

March 10, 2019

By Beverly M. Burden, Chapter 13 Trustee (Lexington, KY) I recently had to issue subpoenas to banks to get the records of a non-debtor (long story involving an attorney’s mishandling of escrowed funds held on behalf of a chapter 13 debtor). Here are some tips for others like me who do not often need to use subpoenas. These tips apply...

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Why Your Bankruptcy Client Doesn’t Understand You (And How to Fix the Problem)

Cathy Moran

August 1, 2023

By Cathy Moran, Moran Law Group (Redwood City, CA) Bankruptcy attorneys and their clients often seem to be a pair, divided by their common language. Even without legal jargon, we talk past each other. How do we misunderstand each other? Let me count the ways: Property: I don’t have any property, lost the house to foreclosure last year. Property 2:...

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Choice of Staying in Chapter 13 or Converting to 7? Circuits Show It Makes a Difference

The Honorable William Houston Brown

March 31, 2024

Eighth Circuit, like the Ninth, has ruled that when Chapter 13 cases are converted to Chapter 7, any increase in a debtor's home value beyond exemptions and liens becomes part of the Chapter 7 estate. See also: Critical Case Comment – Post-Petition/Pre-Conversion Equity

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Unpacking the Contingent SBA Guarantee

Cathy Moran

December 21, 2025

“The personal guarantee of an SBA loan to a non-debtor borrower who is then current is a contingent liability for purposes of Chapter 13 debt limits. . . . Intrigued, I dug deeper. And got more befuddled as I went.” See Also: The Guaranty That Got Away from the SBA

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Over-Insured Over-Ruled

Henry E. Hildebrand, III

March 23, 2025

In order to recover reimbursements for costs advanced, a mortgage servicer must demonstrate that the costs are necessary, reasonable, and required by the mortgage.

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Gotta Watch Those Pro Se Debtors Especially the Ones Called “Trusts”

Henry E. Hildebrand, III

August 10, 2025

Direct payment to unsecured creditors is improper as is embedding a request for additional or alternate relief in a response to an unrelated motion.

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From the Editor – Discrimination

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Related Articles

Inclusion in Bankruptcy Doesn’t Equal “Discharged”

2022 Bankruptcy Procedure Year in Review: Revised Statute and Rules and Selected Cases Part 9 More from the Supreme Court: MOAC Mall Holdings LLC v. Transform Holdco LLC

Today’s AI Stands to Create Work for Lawyers

Evidentiary Issues Arising from Attempts to Prove Alleged “Facts” Stated in The Monster Mash

Tips and Traps: Issuing A Subpoena for Bank Records

Why Your Bankruptcy Client Doesn’t Understand You (And How to Fix the Problem)

Choice of Staying in Chapter 13 or Converting to 7? Circuits Show It Makes a Difference

Unpacking the Contingent SBA Guarantee

Over-Insured Over-Ruled

Gotta Watch Those Pro Se Debtors Especially the Ones Called “Trusts”

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