An Alternative to One Size Fits All

By David Peake, Chapter 13 Standing Trustee for the Southern District of Texas (Houston)

There was an interesting development recently in the ongoing topic of the wisdom of adopting a mandatory national form plan (Official Form 113). On January 23, 2015, the Committee on Rules of Practice and Procedure of the Judicial Conference of the United States, held a public forum. At this forum, witnesses testified regarding the prudence of adopting Official Form 113.

During his testimony, The Honorable Marvin Isgur, Bankruptcy Judge for the Southern District of Texas, proffered a compromise (see Hearing Transcript PDF pages 37 . . .

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No Room for Error? Determining Whether Your “Secured” Creditor Has a Fatally Deficient UCC-1

March 22, 2020

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN) Click here for Part I Click here for Part II Part III - Description of Collateral Introduction The . . . It looks like you are not signed in or registered! This content is only available to members. Join Now Or Sign In Below: Username or E-mail:

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District of New Jersey

The Academy

December 15, 2024

Appointment of Mark E. Hall as Bankruptcy Judge Click here for background

What About Conditional Confirmation?

Henry E. Hildebrand, III

April 14, 2024

It is appropriate to convert a Chapter 13 case to one under Chapter 7 when the debtor makes no attempt to cure defaults that arise in the case or take any steps to propose a feasible plan.

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Director’s Awards Recognize 19 Employees for Leadership, Service

The Academy

December 10, 2023

Congratulations to all but specifically the two bankruptcy courts with recognized recipients!

Chapter 13 NoLook Fees: The Horns of a Dilemma

Cathy Moran

December 3, 2023

“We’re confronted with a dilemma: if we pay practitioners fairly,we price ourselves out of reach of the very individuals we hope to help.”

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NCLC Seeks Signers Urging Foreclosure Pause When HAF Applied For

The Academy

January 16, 2022

NCLC seeking non-profit organizations to sign two letters (one to the CFPB and one to FHFA, FHA, VA, and USDA) urging the agencies to require servicers to pause foreclosure activity for at least 60 days after being notified that a borrower has applied for HAF assistance and meets conditional program eligibility. We ask organizations to sign both letters, and the...

Ask Ms. Ps & Qs

Nancy B. Rapoport

May 19, 2024

Debtor Attorneys, this one is specifically for you – a very direct answer from our ethics expert on a real-world scenario regarding ghosting clients (ghosting is an adjective here, not a verb! Have a question for Ms. Ps & Qs? Click here – you may remain anonymous if you wish.

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When Life Backs Chapter 13 Debtors Into A Corner, § 1329 May Provide A Way Out Of Trouble And A Shorter Path To Discharge

February 17, 2019

By Veronica D. Brown-Moseley, Boleman Law Firm, P.C. (Virginia Beach, VA) Many things can, and often do, change between the time debtors file a Chapter 13 bankruptcy petition and the end of their case. A variety of circumstances impact a debtor’s ability to afford their Chapter 13 plan payments, including but not limited to: medical problems, disability, loss of employment,...

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Spoofing and the Legal Profession: No One is Immune

Ryan Bourgeois, Jeffrey Fleming, Lauren O’Neil Funseth

September 8, 2024

Spoofing scams hit with $10.5 trillion warning! If it were measured as a country, cybercrime would be the world’s third-largest economy after the United States and China. As its frequent mention in the news cycle demonstrates, no industry is immune – including the legal profession.

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Lessons From In Re Chase: Student Loan Discharge and Loan Consolidation

Rahaf Alrehaili, Esq.

January 5, 2025

A recent decision out of Maine underscores the strategic nuances of discharging student loans in bankruptcy.

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