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 . . .

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Making Sense of the Means Test

April 28, 2019

By Leo G. Spanos, Senior Staff Attorney to Martha G. Bronitsky, Chapter 13 Trustee, Northern District of California (Oakland Division) 1. Background & Purpose of Means Test One of the most significant changes introduced BAPCPA is the requirement of a means test to determine whether a debtor qualifies for Chapter 7 relief or, if not, how much a debtor must...

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CFPB Releases Report on Debt Settlements and Credit Counseling

July 12, 2020

July 10, 2020, the CFPB released a report examining recent trends in debt settlement and credit counseling. Many Americans struggle with their debts, especially during times of crisis. Today’s report documents changes over time in how consumers have used these debt relief options for unsecured debt. Using the Bureau’s Consumer Credit Panel (CCP), a nationally representative sample of approximately five...

Student Loans in Existing Chapter 13’s

Josh Cohen, Scott Waterman

October 1, 2023

In conjunction with The Academy’s recent webinar on Student Loans, Scott and Josh offer a follow-up check list – a MUST READ! “With all the new student loan servicing changes, what should debtor attorneys be doing as to pending chapter 13 cases where their clients owe federal student loans? Here’s the short list:”

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Critical Case Comment – Debtor’s Counsel’s Fee Reduced to $48k

Henry E. Hildebrand, III

February 4, 2022

Chapter 13 debtor’s counsel’s fee award was reduced to $48,116 from the requested $95,480 due to pre-petition payments, confusing and “lumped” time entries, and excessive hourly rates for some services performed, even though the debtor’s Chapter 13 plan was never even proposed much less confirmed. The debtor never attended a meeting of creditors, but the debtor managed to recover his...

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New Chapter 13 Standing Trustee

The Academy

August 25, 2024

Acting United States Trustee Gerard R. Vetter has selected Dawn Hardesty to replace retiring chapter 13 standing trustee Pamela Simmons-Beasley, effective October 1, 2024.

Changes to Form 410A Effective December 1st

Debra L. Miller

November 12, 2023

Just a few more weeks ‘til principal and interest gotta be listed separately on a POC.

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Critical Case Comment–84 Months: Lifesaver or Anchor?

Henry E. Hildebrand, III

February 12, 2023

Section 1329(c), as it currently exists, forecloses the ability of Chapter 13 debtor to modify a confirmed plan to alter the plan payment amount while maintaining an extended plan, previously approved under the CARES Act. (Hanan) In re Nelson, 2022 WL 6795096 (Bankr. E.D. Wis. October 11, 2022) Case Summary Immediately after the onset of the COVID-19 pandemic, Congress sought...

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Parker, HOA, and Sanctions – Multiple Thrills to a Bankruptcy Lawyer’s Heart

May 2, 2021

By Cathy Moran, Esq., (Redwood City, CA) I don't know just what makes Parker such a treat for me, but it delivers multiple thrills to my bankruptcy lawyer heart. It's a stay violation case with a BIG sanctions award. It's a clearly, simply written opinion that lays out the circuit law on multiple issues. It hits hard at HOA hubris....

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In Re Carter: A Hard Case (Maybe) Making Bad Law?

Owen W. Katz

May 21, 2023

Chapter 13 plans and confirmation orders will occasionally include post-confirmation disclosure and turnover requirements for tax returns and refunds and for other types of post-petition recoveries and income. Debtors are expected, on their own and without the need for rigorous trustee oversight, to fulfill the turnover requirements as a condition of plan completion and discharge. What happens when the case...

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From the Editor – Avoidance

September 22, 2019

By The Honorable William Houston Brown (Retired) Tax foreclosure sale avoided as preference. Affirming the District and Bankruptcy Courts, at 571 B.R. 662 and 588 B.R. 394, the Third Circuit held that the Chapter 13 debtors could avoid a pre-petition tax foreclosure sale as a preferential transfer. The township held a properly noticed tax sale at public auction, which resulted...

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Related Articles

Making Sense of the Means Test

CFPB Releases Report on Debt Settlements and Credit Counseling

Student Loans in Existing Chapter 13’s

Critical Case Comment – Debtor’s Counsel’s Fee Reduced to $48k

New Chapter 13 Standing Trustee

Changes to Form 410A Effective December 1st

Critical Case Comment–84 Months: Lifesaver or Anchor?

Parker, HOA, and Sanctions – Multiple Thrills to a Bankruptcy Lawyer’s Heart

In Re Carter: A Hard Case (Maybe) Making Bad Law?

From the Editor – Avoidance

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