Did You Think About Everything in the Final Decree? Did You Think About the Bankruptcy Trustee? Part 2 of 2

(Reprinted from Norton Bankruptcy Law Adviser, May 2014, with permission. Copyright © 2014 Thomson Reuters/West. For more information about this publication please visit http://legalsolutions.thomsonreuters.com/)

By Judge Thomas F. Waldron, Retired, Bankr. S.D. Ohio

Following the Money Trail

Pre-dissolution,1 the husband, Craig Bruno, and his wife, Karen Elaine Neal, each had marital interests in their debts and assets. However, post-dissolution and pre-bankruptcy, the final decree awarded the bulk of the . . .

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.

Related Articles

August 9, 2020
By The Honorable William Houston Brown (Retired) Disputed claim included in calculation of eligibility. The debtor’s case was dismissed for exceeding § 109(e)’s unsecured debt limit, when the debtor had signed $1,092,000 mortgage note but the mortgage was never recorded. The lender filed an unsecured claim for $1.7 million, and the Bankruptcy Appellate Panel agreed with the bankruptcy court that...
Members
October 25, 2020
By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN) Part V – Consumer Foreclosure Procedures (Continued) Introduction In the world of consumer bankruptcy, trustees and debtors' counsel often are uncomfortable with the rules in Article 9 of the Uniform Commercial Code (UCC). In this space, we have looked at several places where Article 9 meets the Bankruptcy Code. In...
Members
April 21, 2019
By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN) Introduction In 2016, the American Bankruptcy Institute’s president, Eugene Wedoff, retired bankruptcy judge from the Northern District of Illinois, proposed to the ABI Board that a commission be established to examine the current status of consumer bankruptcy laws, rules, and cases with the goal of its making general suggestions...
Members
Copy of Hildebrand-2016
February 5, 2023
Mortgagee’s failure to disclose payment changes resulting from escrow adjustments and interest rate modifications compels the Court to order mortgagee to credit all undisclosed increases and subject it to sanctions, including attorney’s fees. (Somers) In re Kinderknecht, 2023 WL 320984 (Bankr. D. Kan. January 19, 2023) Case Summary Kyle and Chasity Kinderknecht filed a Chapter 13 petition in December of...
Members
NBR cropped 2
August 7, 2022
Dear Readers: When a judge issues a 28-page opinion sanctioning a lawyer, usually that means that the lawyer has done so many things wrong that he or she has caused the judge to roll up his or her respective sleeves (probably shirt-sleeves, although the image of robe-sleeves also works for me) to deal with the mess. And in Shiheiber v....
Members
emily-connor-kennedy
March 6, 2022
There are several different types of security clearances that an individual might seek as a prerequisite to employment. What each clearance requires depends on many factors, such as whether the person is a civilian or part of the armed forces, whether the clearance is for facility access only (versus access to sensitive documents), and the scope of the access in...
Members
Scott Waterman
November 12, 2023
If you intend to seek to discharge student loans under §523(a)(8), do not consolidate the loans after the case is filed. Prebankruptcy planning is most important if one wishes to discharge student loans. A recent Texas Chapter 7 case highlights the pitfalls if one does not act accordingly. Debtors obtained 27 separate student loans prior to when they filed their...
Members
ahern_larry_regular
February 5, 2023
Introduction This series reviews developments in bankruptcy procedure during 2022. Amendments to 16 rules and one new rule took effect December 1, 2022. Many reflected changes necessitated by the Small Business Reorganization Act of 2019 (SBRA),1 and have been in place in the same or similar form on an interim basis since that legislation took effect.
Members
bridgingrelationships
Chapter 13 Trustees occupy unique positions.  Every day they work with the courts, clerks’ offices, debtors, creditors, and their attorneys, and the Office of the United States Trustees.  Within ethical bounds, it is important that Chapter 13 trustees build and maintain relationships with each of these constituents.  Civility, professionalism, and trust are the mainstays for all of these interactions. We...
Members
ahern_larry_regular
February 26, 2023
This Part 6 continues1 an analysis of judicial developments with a significant decision on finality of a Chapter 13 confirmation order. In re Bozeman Section 1327 of the Bankruptcy Code provides that a confirmed Chapter 13 plan binds the debtor and creditors to its terms.2 In In re Bozeman,3 the Court of Appeals for the Eleventh Circuit looked at a...
Members

Looking to Become a Member?

ConsiderChapter13.org offers a forum to advance continuing education of consumer bankruptcy via access to insightful articles, informative webinars, and the latest industry news. Join now to benefit from expert resources and stay informed.

Webinars

These informative sessions are led by industry experts and cover a range of consumer bankruptcy topics.

Member Articles

Written by industry experts, these articles provide in-depth analysis and practical guidance on consumer bankruptcy topics.

Industry News

The Academy is the go-to source for the latest news and analysis in the Chapter 13 bankruptcy industry.

To get started, please let us know which of these best fits your current position: