Ask Ms. Ps & Qs

By Professor Nancy Rapoport

Dear Readers:

This month, let’s talk about fees. As some of you may know, I’ve served as a fee examiner in some cases and as an expert witness in others.1 You could say that I’m obsessed with fees and with lawyer behavior in general.2 But let’s face it: fees reflect two things. First, professionals should get paid fairly for the work that they do; and second . . .

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From the Editor – Claims

October 20, 2019

By The Honorable William Houston Brown (Retired) Debtor’s objection to tax claim for being “too low” was rejected. Noting that the debtor could not benefit prior to distribution to creditors, in event trustee found assets for distribution, debtor’s objection to claim filed by tax creditor on basis that claim was “too low” was rejected. “The debtor comes last, not first,...

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13 documents by Independence Software – Encrypted and Scans for PII

December 6, 2020

13 documents by Independence Software – Identity theft is a real and constant threat when transmitting information through the Internet. For Trusteeships, using e-mail to receive documents from the debtor bar is insecure, placing sensitive debtor information at risk. Founded in 2011, 13 Documents is unlike other filing systems — it is a complete document management solution for your Trusteeship...

Critical Case Comment – Prime vs. Riskless Treasury Rate

Henry E. Hildebrand, III

May 28, 2023

In determining the appropriate “present value” factor to be added to the payment of a secured claim in a Chapter 12, the Court should look at the “riskless” treasury rate rather than the “prime rate” before enhancing it with a risk factor. (Ebinger) Farm Credit Services of America v. Topp, 2022 WL 2981590 (S.D. Iowa, July 19, 2022) Case Summary...

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Nancy B. Rapoport

May 14, 2023

Dear Readers: Want to know why your 1L Civ Pro course is your best friend when it comes to “undue hardship” cases? Because burdens of proof matter. (They matter in other cases, too, but I’m in love with the case of Love v. U.S. Dept. of Education (In re Love), Case No. 19-20532-C-7, United States Bankruptcy Court for the Eastern...

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Critical Case Comment – The Now Infamous Castleman Case

Henry E. Hildebrand, III

August 20, 2023

Equity that accrues as a result of market conditions in debtor’s assets between the time of confirmation of a Chapter 13 plan and conversion to Chapter 7 constitutes property of the estate which may be administered by the Chapter 7 trustee.

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Consumer Bankruptcy Reform Act of 2020 Introduced

December 13, 2020

By Hon. William Houston Brown, Adviser, Academy for Consumer Bankruptcy Education and Margaret A. Burks, Chapter 13 Trustee (Cincinnati, OH) Senator Elizabeth Warren (D. Mass.) and House Judiciary Committee Chairman Jerrold Nadler (D. N.Y.) have introduced the Consumer Bankruptcy Reform Act of 2020. Introduction of the Act is only the beginning of the legislative process, and no action toward enactment...

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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The Unintended Filing Bar – Don’t Ignore MFR on Surrendered Property

Molly Simons

June 26, 2022

Consider if you will that your client has just filed a Chapter 13 Bankruptcy. They have intelligently chosen to surrender a luxury item - a boat or 4-wheeler or even that extra vehicle they don’t need. Because the creditor would like to preserve the value of the collateral by obtaining possession quickly, they file a Motion for Relief shortly after...

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Escrow 102 – Part 1 of 4

September 26, 2021

By Michael J. McCormick, Esq., McCalla Raymer Leibert Pierce, LLC (Roswell, GA) Escrow 101 – Part 1 Escrow 101 - Part 2 Escrow 101 – Part 3 Escrow 102 – Part 2

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New Trustee Named

The Academy

September 10, 2023

Andrew B. Finberg has been appointed as a Chapter 13 Standing Trustee for the District of New Jersey. Finberg is picking up the mantle left by happily retiring Isabel Balboa.

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Related Articles

From the Editor – Claims

13 documents by Independence Software – Encrypted and Scans for PII

Critical Case Comment – Prime vs. Riskless Treasury Rate

Ask Ms. Ps and Qs

Critical Case Comment – The Now Infamous Castleman Case

Consumer Bankruptcy Reform Act of 2020 Introduced

Tips and Traps: Issuing A Subpoena for Bank Records

The Unintended Filing Bar – Don’t Ignore MFR on Surrendered Property

Escrow 102 – Part 1 of 4

New Trustee Named

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