I’m So Much Cooler Online: Using Social Media In Bankruptcy

By Katherine Iskin, Staff Attorney to Debra Miller, Trustee for South Bend and Fort Wayne, IN

The use of social media in litigation is a hot topic – lawyers want to know clear lines for appropriate behavior while maximizing a potentially useful tool. This is true particularly in bankruptcy, with limited time for questioning Debtors at 341 Meetings and deadlines for confirmation of cases. Trustee and creditors alike may want to find additional information about a given debtor without necessarily alerting the debtor to the inquiry or having the information groomed by the debtor’s attorney. Given the potential . . .

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.

ABI Commission on Consumer Bankruptcy – Definition of “Tax Return” for Purposes of Nondischargeability

June 2, 2019

By Henry E. Hildebrand, III and Sloan Hastings Section 523(a)(1) excepts from discharge taxes that are priority claims under § 507(a)(8). One of § 507(a)(8)’s provisions makes debts not dischargeable for income taxes requiring the filing of a tax return due during the three years prior to filing bankruptcy. It is this “recent years taxes nondischargeable” moniker that leads many...

Members

Ask Ms. Ps and Qs

May 10, 2020

By Professor Nancy Rapoport, University of Nevada Dear Readers: Regina Logsdon has just asked me a great question: In this new world of Zoom, is it okay to record meetings? Video and audio? Permission needed? Does it vary state to state? We are living in a new normal, and video conferencing will continue to be part of our lives even...

Members

Consumer Foreclosure Procedures

October 23, 2020

Johnson Retires

September 29, 2019

By Academy Staff Jan P. Johnson served as a Chapter Standing 13 Trustee for the Eastern District of California, Sacramento Division, from 1998 to September 30, 2019. Prior to this appointment, he served as Chapter 13 Standing Trustee for the District of Puerto Rico from 1989 where he was responsible for over 25,000 cases. He was also appointed as Standing...

Rule 3002.1 Does Not Justify Punitive Sanctions

September 19, 2021

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN) In order for a bankruptcy court to impose sanctions for contempt, Taggart compelsa finding of a violation of a clear and unambiguous order; the bankruptcy court lacks inherent power to issue punitive sanctions under Rule 3002.1. (Jacobs) PHH Mortgage Corporation v. Sensenich, 6 F.4th 503 (2nd Cir. August 2,...

Members

Lawyers are People Too: An Interview with Aki Koyama, Staff Attorney to Chapter 13 Standing Trustee Kathy Dockery

M. Jonathan Hayes

March 27, 2022

(Used with permission,Volume 1, Issue 3:3 6 March, 2022 cdcbaa) Jon: Hi Aki. I can’t believe after knowing you for 30 years now that I don’t know where you were born. Aki: Ha! I was born in Tokyo, Japan although we moved to California when I was about one. We’ve been here ever since. Jon: Why the move? Aki: Well,...

Passing of a Legend

June 13, 2021

By Kara L. West, CPA, Chapter 12/13 Standing Trustee for the Eastern District of Tennessee (Chattanooga); Successor Trustee to C. Kenneth Still C. Kenneth Still was a legend. “Always with Barbara at this side, he epitomized qualities I think we all seek—honesty, diligence, kindness, and patience. He was a great mentor and a quick wit, and I miss him already....

How to Present an Effective Summary Judgment Motion

August 23, 2020

By Hon. Erik P. Kimball, United States Bankruptcy Court for the Southern District of Florida (Used with permission - Originally Published by the Courthouse Beacon, United States Bankruptcy Court for the Southern District of Florida August, 2020) Summary Judgment Applies In Contested Matters Bankruptcy Rule 7056 incorporates all of Federal Rule 56 for purposes of adversary proceedings, adjusting only the...

Members

Escrow 101 and 102

Michael J. McCormick, Esq.

August 13, 2023

In the fall of 2021, Michael McCormick provided subscribers with an EXCELLENT, expository, seven-part outline on mortgage escrow. This information is just as relevant today as when we first published it with one important update . . . When the next escrow analysis is performed and the servicer has received less than 12 payments of escrow (and often zero, as is often the case after the borrower received a forbearance during the COVID pandemic), the escrow balance will be far less than anticipated!!

Members

The Neglected Non-Dischargeability Provision

Cathy Moran

June 11, 2023

Hands up everyone who has encountered a claim that a debt is non-dischargeable by reason of § 523(a)(14). That’s what I thought: nada, or next thing to it. Despite watching for it, I hadn’t seen one ‘til this year when AmEx filed an adversary in a case in which I was peripherally involved. My copy of Collier’s code doesn’t comment...

Members