Welcome New Trustee

Rebecca Rogers Garcia was appointed as the Chapter 13 Standing Trustee for the Eastern District of Wisconsin in Oshkosh. Ms. Garcia replaced retiring Tom King effective December 1, 2014.

She served as staff attorney for Mary B. Grossman, the Chapter 13 Standing Trustee in Milwaukee for 12 years. From 1996 through 2002, she represented debtors in consumer bankruptcy cases.

Ms. Garcia is on the Board of the Bankruptcy, Insolvency and Creditors Rights Section of the State Bar of Wisconsin and is a member of the National Association of Chapter 13 Trustees and The Academy. She actively teaches CLE on consumer bankruptcy issues through the State Bar of Wisconsin.

She received her B.A. from the University of Wisconsin Platteville in 1992 and earned her J.D. from Marquette University.

In her spare time, Ms. Garcia is an avid reader. She is also a passionate sports fan, especially of her 10 year old son’s baseball team.

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Volunteering is Great But Not If You Expected Payment

Henry E. Hildebrand, III

June 9, 2024

Although Acevedo does not prohibit the court from entering an order ex post facto, to obtain an order authorizing employment of a professional effective from the date of filing application, must be based upon compelling and unusual circumstances.

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From the Editor – Discharge Injunction

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By The Honorable William Houston Brown (Retired) Only bankruptcy court issuing discharge order can enforce injunction. The Fifth Circuit held that only the bankruptcy court issuing a discharge order has authority to enforce the discharge injunction. The opinion reviews pre-2005 Code provisions and current 28 U.S.C. § 1963, citing other Circuits that “have insisted on a return to the bankruptcy...

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Cathy Moran

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Just for fun . . .

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Meet a New Trustee

The Academy

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David A. Mawhinney is the Chapter 13 Standing Trustee for the Central and Western Divisions of Massachusetts and a Subchapter V Trustee for Region One. He replaced Denise M. Pappalardo upon her retirement which was effective December 24, 2022. David is a 2002 graduate of Boston College and received his J.D. from Boston College Law School in 2011. When David started...

Leaders Must Take Action to Halt Foreclosure Crisis for Minorities

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NCLC’s Executive Director Rich Dubois and NAACP President and CEO Derrick Johnson are calling on Congress and federal regulators to take action to prevent an impending foreclosure crisis in communities of color, in an opinion editorial published yesterday in The Hill. The op-ed highlights how the cumulative impact of decades of housing policy discrimination on African American homeownership, coupled with...

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Cathy Moran

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Critical Case Comment

June 16, 2019

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee Mortgage creditor may not withdraw a notice of fees, costs, and charges filed in a case after the supplement to the claim has been challenged without court approval; the allowance of such a notice will not be permitted where a state statute forbids it. Quicken...

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Separately Classifying Student Loans in Chapter 13

Scott Waterman

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Big news . . . Sneak peak . . . Coming in July . . . You are gonna want this article (just sayin’) Starting July 1st, Chapter 13 debtors in Federal Student Loan income-driven repayment plans will no longer need to classify their student loans separately to receive IDR credit. Credit towards forgiveness will be awarded for each month of trustee payments, regardless of payments made directly to the Department of Education.

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From the Editor – Lien Issues

September 15, 2019

By The Honorable William Houston Brown (Retired) Manufactured home did not become accession to real property. The creditor holding security interest in a manufactured home objected to confirmation, on the basis that § 1322(b)(2)’s anti-modification provision prevented bifurcation of its claim into secured and unsecured parts. The Eighth Circuit noted that the Bankruptcy Code does not resolve the issue of...

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Cui Pro Bono?

The Honorable John P. Gustafson

April 17, 2022

Judge Gustafson and Daniel Tavera explore “Who Benefits” from work done in a Chapter 13 case, and they suggest that the title of this piece comes from an old-time radio show – “Yours Truly, Johnny Dollar” – one of the most popular radio shows in its day. It was a five-part show called “The Cui Bono Matter.” To hear a...

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