The Toolbox 2.1 - Basics For Chapter 13 Staff Attorneys

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

Developed by John Gustafson prior to Judicial Appointment

XVIII. BANKRUPTCY AND DEATH.

A. Can The Dead File For Bankruptcy?

Bankruptcy courts have consistently held that the dead, and decedent's estates, cannot be debtors under the Bankruptcy Code. This holding is based upon 1) history; 2) legislative history; and 3) statutory construction. There is no direct authority allowing, or prohibiting, a decedent or a decedent's estate commencing a case under any chapter of the Bankruptcy Code.

The history of the treatment of decendent estates demonstrates that they . . .

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It Takes a Village

September 29, 2019

By Katherine B. Brewer, Esq. (Westerville, OH) One of the first things we focus on in law school (other than the Rule Against Perpetuities, which always brings back fond memories), is that our clients come first. We learn the complexities of the law, memorize rule statements, and read thousands of pages of case law in order to learn how best...

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The Periphery of Bankruptcy Law: The Importance of Non-Bankruptcy Issues in Consumer Bankruptcy – A Study

Edward C. Boltz

February 23, 2025

This study by Professor Pamela Foohey defends the integration of consumer protection laws into bankruptcy courts but with at least one missing piece . . .

Critical Case Comment – Frontloading Attorney’s Fees

Henry E. Hildebrand, III

August 6, 2023

Nothing prohibits the confirmation of a Chapter 13 plan which frontloads the payment of attorney’s fees ahead of payments to secured and other creditors.

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In re Lazaro: Non-Monetary Default and § 1322(b)(5)

James M. Davis

June 4, 2023

Can a debtor provide for a non-debtor’s loan under § 1322(b)(5) even if the plan does not address a non-monetary default on the claim? In re Lazaro suggests the answer may be “yes.” In that case, the Court held not only that the Debtor’s plan could provide to cure a monetary default on a loan taken out by the Debtor’s...

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A Review of Residential Mortgage “Stripping,” Recent Developments and the Effect of 11 U.S.C. § 1111(b) – Part 1Strategies in Modification of Residential Mortgages

July 18, 2021

By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN) Introduction The primary purpose of this two-part paper is to explore recent legislation that makes it easier for some individuals to modify the terms of their residential mortgages, especially if they are farmers or small business owners. The emphasis is on the Small Business Reorganization Act of 2019 (SBRA).1 A...

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Artificial Intelligence in Bankruptcy Law: A Modern Legal Frontier

Stephen F. Relyea, Todd Rich

July 28, 2024

Artificial intelligence (AI) has become a transformative force across various industries, including legal practice, where it offers numerous advantages and some challenges. This article explores the different types of AI, its potential uses in bankruptcy law, and the necessary precautions attorneys must take to avoid ethical pitfalls.

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In re Buffington – Vehicle Ownership Was Not Bare Legal Title Nor Held in a Resulting Trust

Edward C. Boltz

September 7, 2025

An interesting case which, at its heart, addresses retail value. While written specifically for North Carolina practitioners, Boltz’s commentary will strike a chord for all readers.

Judiciary Still Operating as Shutdown Starts

The Academy

October 12, 2025

. . . at least through Friday, October 17th

Supreme Court Grants Certiorari in City of Chicago v. Fulton

December 22, 2019

By William Houston Brown, Editor/Adviser, Academy for Consumer Bankruptcy Education On December 18, 2019, the Supreme Court granted the City of Chicago’s petition for certiorari, 2019 WL 6880702, from the decision of the Seventh Circuit at 926 F.3d 916 (7th Cir. June 19, 2019). The Seventh Circuit’s decision was analyzed in a prior article on this website. In its decision,...

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From NCBJ – Bartenwerfer v. Buckley and Coerced Debt

Edward C. Boltz

June 8, 2025

See also: Unjust Enrichment from Spouse’s Defalcation Leads to a Nondischargeable Debt Unjust Enrichment: Where Are We Headed?