Ask Ms. Ps & Qs

By Professor Nancy Rapoport

Dear Readers:

Earlier this year, at the Association of American Law Schools’ annual meeting, I sat in on a panel that discussed our duty of competency as it relates to understanding technology. In case you’re not aware, comment 8 to Model Rule 1.1 (Competency) says “[t]o maintain the requisite knowledge and skill, a lawyer should keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology, engage in continuing study and education and comply with all continuing legal education requirements to which 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.

A Sappy Farewell to Jeff Kellner as the Dayton Chapter 13 Trustee

September 29, 2019

By The Honorable Guy R. Humphrey, Southern District of Ohio It is with heavy hearts that we in Dayton, Ohio say our farewells to Jeff Kellner as our Chapter 13 Trustee. Jeff will be concluding his duties as the Trustee on September 30th and handing the reins over to John Jansing on October 1st. Listing Jeff’s contributions to the bankruptcy...

New Federal Guidance on Discharging Student Loans in Bankruptcy Is a Game Changer

Robert B. Branson, Tammy Branson

March 26, 2023

The Justice Department, in partnership with the Department of Education, recently announced new guidelines that loosen the strict application of the “undue hardship” exceptionwhen defending a student loan dischargeability action. This new guidance is a game changer. In the past the Department of Justice narrowly applied the undue hardship exception when defending discharge of student loans to the extent that...

Members

2022 Bankruptcy Procedure Year in Review: Revised Statute and Rules and Selected Cases – Part 2 Rules Related to SBRA

Lawrence R. Ahern, III

November 13, 2022

Introduction This series reviews developments in bankruptcy procedure during 2022. Amendments to 16 rules and new one new rule take effect December 1, 2022, absent Congressional action. Many reflect 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

The Government Shutdown and Chapter 13 Plan Arrearages – What Do We Do Now?

January 21, 2019

By Jan M. Sensenich, Chapter 13 Standing Trustee for the District of Vermont As we reach the end of the first month of the partial government shutdown, with no end in sight, 800,000 federal workers have started missing their paychecks. As the shutdown continues, Chapter 13 trustees are weighing how best to address the inevitable question from federal government employee...

Members

Treasury, IRS Issue Final Regulations, Other Guidance on New Qualified Business Income Deduction; Safe Harbor Enables Many Rental Real Estate Owners to Claim Deduction

January 27, 2019

1/18/19 the Treasury Department and the IRS issued final regulations and three related pieces of guidance, implementing the new qualified business income (QBI) deduction (section 199A deduction). The new QBI deduction, created by the 2017 Tax Cuts and Jobs Act (TCJA) allows many owners of sole proprietorships, partnerships, S corporations, trusts, or estates to deduct up to 20 percent of...

Bankruptcy Lawyer Must Have Otherworldly Powers

Cathy Moran

November 5, 2023

Just for fun . . .

Members

Judge to Retire

The Academy

November 24, 2024

The Honorable Robert E. Grossman of the Eastern District of New York has announced his retirement effective June 1 of next year.

Duty to Update Trustee Regarding Changes Post-Plan Confirmation

Daryl J. Smith

April 23, 2023

Is there a duty to inform the trustee about changes post-plan confirmation? Yes. There is an inherent duty for the consumer debtor to update the trustee on any and all material changes, particularly windfalls, post plan confirmation. In a very recent case, In Re Robinson, the United States Trustee moved to dismiss debtor’s chapter 13 case because the debtor received...

Members

What’s It Worth to You?

Cathy Moran

August 21, 2022

If all the children in Lake Woebegon are above average, all the small businesses our clients run are quite valuable.If the Chapter 13 trustee is asking the question, anyway. I rail when the Chapter 13 trustee’s business questionnaire asks, “how much would you sell your business for.” Phrased that way, the question implicates all kinds of facts that aren’t in...

Members

The Chapter 13 Business Model

February 21, 2021

By John M. Hauber, Chapter 13 Standing Trustee (Indianapolis, IN) I have recently written an article for the NACTT Quarterly, that may or may not be published at the time of this writing, which is simply a stream-of-conscious style response to Senator Elizabeth Warren’s desire to modify the Bankruptcy Code based upon her perception that debtors’ attorneys get rich off...

Ask Ms. Ps & Qs

Link to Post:

It looks like you are not signed in or registered! This content is only available to members.

Or Sign In Below:

Related Articles

A Sappy Farewell to Jeff Kellner as the Dayton Chapter 13 Trustee

New Federal Guidance on Discharging Student Loans in Bankruptcy Is a Game Changer

2022 Bankruptcy Procedure Year in Review: Revised Statute and Rules and Selected Cases – Part 2 Rules Related to SBRA

The Government Shutdown and Chapter 13 Plan Arrearages – What Do We Do Now?

Treasury, IRS Issue Final Regulations, Other Guidance on New Qualified Business Income Deduction; Safe Harbor Enables Many Rental Real Estate Owners to Claim Deduction

Bankruptcy Lawyer Must Have Otherworldly Powers

Judge to Retire

Duty to Update Trustee Regarding Changes Post-Plan Confirmation

What’s It Worth to You?

The Chapter 13 Business Model

Academy

Members

Website

Legal

Looking to Become a Member?

Webinars

Member Articles

Industry News

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