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.

Division of Marital Property During a Chapter 13 Bankruptcy

Michael B. Joseph

November 5, 2023

“The focus of this article is to review some of the issues faced in cases with pending state court marital property division proceedings.”

Members

Thoughts on the Law: “None of My Business” Or “CU Later”? – Does Refusing to Do Business with a Debtor Violate the Automatic Stay?

February 9, 2020

By The Honorable John P. Gustafson Can a creditor refuse to do business with a debtor, or is such refusal a violation of the automatic stay? The case of Brown v. Penn State Employees Credit Union, 851 F.2d 81 (3rd Cir. 1988) held that a credit union’s refusal to continue to do business with a debtor who caused a loss...

Members

The Hanging Paragraph – Hanging on Every Word Part 3 of 4

June 28, 2020

By Anthony J. Gomez, CPA, former extern to the Honorable John P. Gustafson, Northern District of Ohio at Toledo Click here for Part 1 Click here for Part 2 IV. The Hanging Paragraph’s effect on Interest Rates When the hanging paragraph is applicable, creditors are entitled to the full value of their secured claims as . . . It looks...

Members

Escrow 101 – Part 2 of 3

September 12, 2021

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

Members

In re Kaiser Gypsum Co., Inc., 60 F.4th 73 (4th Cir. 2023), pet. for cert. granted, Truck Ins. Exchange v. Kaiser Gypsum Co., Inc., 2023 WL 6780372, (U.S., October 13, 2023).

The Honorable William Houston Brown

October 29, 2023

The Fourth Circuit Court of Appeals held that a plan proposal to create an asbestos trust through Chapter 11 bankruptcy was “insurance neutral,” and the debtor’s insurer was not a party in interest under Code § 1109(b), which contains a noncomprehensive list of parties in interest to a Chapter 11 case. Whether the insurer was a party in interest determined whether...

Federal Rule of Bankruptcy Procedure 2002: Who Gives Notice?

The Academy

July 19, 2026

The linked chart is from the Bankruptcy Court in the District of Minnesota, describing Who Gives Notice Under the Bankruptcy Code and Bankruptcy Rule 2002. See www.mnb.uscourts.gov/attorney-procedures

Bozeman Revisited: The Anti-Modification Clause Chisels Away at Espinosa

Herbert L. Beskin

July 16, 2023

Remember Mort. Corp. of the South v. Bozeman (In re Bozeman), 57 F. 4th 895 (11th Cir. 2023)? That was the recent 11th Circuit case previously reviewed by Lawrence Ahern on this site. It was the Chapter 13 version of The Perfect Storm. The Debtor proposed to pay the principal balance of her mortgage ($17 . . . It looks...

Members

NDC Small Sponsorship Program

The Academy

August 24, 2025

The National Data Center provides small sponsorships of up to $2,000 for educational consumer bankruptcy seminars, when approved pursuant to its guidelines and when funds are available.

Bankruptcy Protections Limited for Repeat Filers

January 13, 2019

By William H. Brown, Academy Editor & Advisor The First Circuit held that under § 362(c)(3)(A), upon the repeat filing by Chapter 7, 11 or 13 debtors within one year of dismissal of a prior pending case, the automatic stay terminates entirely on the 30th day after filing of the subsequent case as to the debtor, property of the debtor...

Members

Avoidance Powers in Chapter 13 – Part 4 of 6

January 20, 2019

By John P. Gustafson, United States Bankruptcy Judge, Northern District of Ohio, Western Division (Toledo, OH) Click here for Part 1 of 6 Click here for Part 2 of 6 Click here for Part 3 of 6

Members

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

Division of Marital Property During a Chapter 13 Bankruptcy

Thoughts on the Law: “None of My Business” Or “CU Later”? – Does Refusing to Do Business with a Debtor Violate the Automatic Stay?

The Hanging Paragraph – Hanging on Every Word Part 3 of 4

Escrow 101 – Part 2 of 3

In re Kaiser Gypsum Co., Inc., 60 F.4th 73 (4th Cir. 2023), pet. for cert. granted, Truck Ins. Exchange v. Kaiser Gypsum Co., Inc., 2023 WL 6780372, (U.S., October 13, 2023).

Federal Rule of Bankruptcy Procedure 2002: Who Gives Notice?

Bozeman Revisited: The Anti-Modification Clause Chisels Away at Espinosa

NDC Small Sponsorship Program

Bankruptcy Protections Limited for Repeat Filers

Avoidance Powers in Chapter 13 – Part 4 of 6

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: