The Toolbox 2.1 - Basics For Chapter 13 Staff Attorneys

The Toolbox 2.1 – Basics For Chapter 13 Staff Attorneys – Part 12 of 18

Developed by John Gustafson prior to Judicial Appointment click here for part 1, click here for Part 2, click here for part 3, click here for part 4, It looks like you are not signed in or registered! This content is only available to members.

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Appointment of Deb Miller

The Academy

April 2, 2023

It is our distinct honor to inform you that Acting U.S. Trustee Paul Randolph has selected Debra L. Miller as the next Standing Chapter 13 Trustee for the Eastern District of Tennessee (Northern and Northeastern Divisions). Ms. Miller has served as a Standing Chapter 13 Trustee in the Northern District of Indiana since 2000. Her wealth of experience will allow...

How CRAs Know to Report an Account as Discharged …and How They Sometimes Don’t

Mark C. Leffler

June 30, 2024

“As they begin applying for new credit, many may find that debts included in their bankruptcy are not being properly reported as discharged. . . . The CRA may correct the reporting as a result of this thorough dispute, making you look like a genius to your client and hopefully generating some future referrals to your law firm.”

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New Judge Appointed

The Academy

September 8, 2024

Judges of the U.S. Court of Appeals for the 9th Circuit have appointed J. Barrett Marum as the next bankruptcy judge on the U.S. Bankruptcy Court for the Southern District of California.

From the Editor – Confirmation

March 8, 2020

By The Honorable William Houston Brown (Retired) Good faith in plan proposal. Plan was proposed in good faith, although petition was filed only 21 days after purchase of vehicle, when plan adequately protected creditor against risk of depreciation. Opinion reviews good faith factors for plan proposal. In re Sharp, 608 B.R. 546 (Bankr. D. Kan. 2019). Compare In re Broder,...

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Meet A Newish Trustee

July 28, 2019

Tiffany M. Cornejo was appointed as the Chapter 13 Standing Trustee for the District of New Mexico on December 1, 2017. She took the reins from retiring Kelley Skehen. Ms. Cornejo received her Bachelor of Science in Journalism (B.S.J.) degree at the University of Kansas in Lawrence in 2002 and remained there to obtain her Juris Doctor in 2005. She...

Spoofing and the Legal Profession: No One is Immune

Ryan Bourgeois, Jeffrey Fleming, Lauren O’Neil Funseth

September 8, 2024

Spoofing scams hit with $10.5 trillion warning! If it were measured as a country, cybercrime would be the world’s third-largest economy after the United States and China. As its frequent mention in the news cycle demonstrates, no industry is immune – including the legal profession.

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Welfare Debt – A Study

Edward C. Boltz

October 6, 2024

“The government is owed this debt through a welfare cost recovery system which requires custodial parents that file for welfare benefits to pursue child support from noncustodial parents and assign those rights to the government.”

Hanging Paragraph, Cars for Non-Personal Use, and PMSI

November 3, 2019

By Gretchen Holland, Standing Chapter 13 Trustee for the Greenville/Spartanburg Division of South Carolina The hanging paragraph of § 1325(a)(9) prevents bifurcation of a PMSI claim if the collateral securing it was purchased within certain time periods prepetition. A 910-day limitation applies to motor vehicles acquired for the debtor’s personal use. A one-year limitation applies to all other PMSI collateral,...

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ABI Commission on Consumer Bankruptcy – Introduction

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...

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Post-Petition Causes of Action, Inheritances and Windfalls Are Property of the Estate and Must Be Reported to the Trustee – Part 3 of 5

July 28, 2019

By John P. Gustafson, United States Bankruptcy Judge, Northern District of Ohio, Western Division Click here for Part 1 Click here for Part 2 C. What Post-Petition Assets Are Property . . . It looks like you are not signed in or registered! This content is only available to members. Join Now Or Sign In Below: Username or Email Password...

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