The Marital Deduction: Returning to Common Sense and Eliminating the “Contractual Liability” Test under § 101(10A)(B)

By Kenneth Siomos, Attorney Representing Chapter 13 Trustee John H. Germeraad, Petersburg, IL

The Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) substantively changed the structure of the consumer bankruptcy system in 2005. A major part of this restructuring included implementation of the “means test” which standardized expenses for above median income individuals. The first step in determining if an individual is above median income is to determine the individual’s “current monthly income.” This is defined as the average of all of the individual’s income in the six months prior to the month of filing, excluding . . .

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Just the Facts, Ma’am – Consolidated Appropriations Act, December 27, 2020

January 10, 2021

By The Honorable William Houston Brown (Retired) This legislation includes several bankruptcy-related provisions, in addition to government funding and other COVID relief. Consumer bankruptcy issues are addressed in Title X of the Act, section 1001, which amends Bankruptcy Code § 541(b)’s exclusions from property of the estate, adding subsection 11 for certain coronavirus relief, defined as “recovery rebates made under...

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Supreme Court Agrees to Revisit Finality of Orders in Bankruptcy

May 26, 2019

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN) Introduction In Ritzen Group, Inc. v. Jackson Masonry, LLC (In re Jackson Masonry, LLC),1 the Sixth Circuit reviewed circuit authority on finality of orders for appellate purposes and affirmed the district court's dismissal of an appeal from an order denying stay relief. The Court of Appeals said that, under 28...

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We Love You Dan (“Stingray”) Brunner!!

October 1, 2023

Dan grew up in Spokane, Washington, and graduated from Gonzaga University in 1966 with a BA in political science. After finishing his undergraduate degree, Dan entered active duty in the United States Army. He was stationed in Korea from 1967 to 1968 where he commanded a HAWK missile battery. Dan retired from the United States Army in 1994 with the...

Escrow 102 – Part 2 of 4

October 3, 2021

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

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What A Bankruptcy Lawyer Is Thankful For

Cathy Moran

November 19, 2023

On Thanksgiving, I’m mindful of how precious the American approach to insolvency is.

Bankruptcy Lawyer Must Have Otherworldly Powers

Cathy Moran

November 5, 2023

Just for fun . . .

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The Extent of 362(c)(3)’s Stay Termination: Bankruptcy Court Adds an Argument to the Debate

June 28, 2020

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN) Introduction In In re Dao,1 Bankruptcy Judge Christopher Klein on May 11 ruled on an issue on which the circuits are split and certiorari is pending.2 Judge Klein agreed with the majority view that, under paragraph 362(c)(3) of the Bankruptcy Code, the automatic stay terminated 30 days after the order...

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Amended Rule 2002(a)(5) – Who Gets Served and Who Petitions the Court for Change?

November 22, 2020

By Phil Lamos, Chief Legal Counsel, Office of the Chapter 13 Trustee Lauren A. Helbling (Cleveland, OH) Bankruptcy Rule 2002(a)(5) directs that 21 days’ notice must be given of the “time fixed to accept or reject a proposed modification of a [Chapter 13] plan.” But to whom must notice be given? Specifically, which creditors need to be given notice? This...

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Surrender of Collateral in a Plan- What Is the Court to Do if the Debtor Doesn’t Follow Through?

June 2, 2019

By Tammy E. Stickley and Francis J. DiCesare, Staff Attorneys for Margaret A. Burks, Esq. Chapter 13 Standing Trustee (Cincinnati, OH) In a media age in which people expect to be told when “spoilers” are ahead, this summary needs no such warning. Courts have little patience for debtors who surrender collateral – especially real estate – then oppose the foreclosure...

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Senior Moments

December 1, 2019

By Peter Fessenden, Chapter 13 Standing Trustee, Retired September 30, 2017 (Portland, ME) To everything there is a season. There was a time to discover how little I knew about being a Chapter 13 trustee. There was a time to make mistakes. There was a time to address those mistakes. There was a time to solve problems. There was a...

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