Exactly What Is A Chapter 13 Trustee, Anyway? Some ruminations on a strange and unique position. Part 1 of 2

By Jan Sensenich, Chapter 13 Trustee for the District of Vermont (Special thanks to Joyce Babin, Chapter 13 Trustee, Little Rock, Arkansas)
click here for part 2
This may, at first, seem an odd title for an article appearing in a publication which is largely addressed to Chapter 13 Trustees. One would hope that we would know what we are. However, how many of us really take time to look at how varied and diverse this work we do really is? Or, for that matter, how often do . . .

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When the trustee avoids a lien on a vehicle which is owned by both debtors as tenants by the entirety, the value must be paid to general unsecured creditors and not simply to joint debts of the debtors.

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From the Editor – Claims

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By The Honorable William Houston Brown (Retired) Recordation of divorce judgment created secured claim. In Chapter 13 case, the debtor objected to former spouse’s secured claim, with pre-bankruptcy divorce judgment awarding former marital home to the husband but ordering equalization payments to the wife. No security was mentioned in the judgment, but its recordation created a lien under Wisconsin law....

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Conflicting Interpretations: A Chapter 13 Trustee’s Compensation After Pre-Confirmation Dismissal or Conversion* Part 3 of 3

Brittani Bushman

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(Used with expressed permission from the MI Bankruptcy Journal and the Steven W. Rhodes Consumer Bankruptcy Conference)By Brittani Bushman, Judicial Law Clerk to the Hon. John T. Gregg, United States Bankruptcy Court for the Western District of Michigan B. Illustrative Decisions (Minority Approach) The Bankruptcy Appellate Panel for the Ninth Circuit recently issued a comprehensive unpublished decision adopting the minority...

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On June 26, 2017, Bradford W. Caraway was appointed as the Chapter 13 Standing Trustee for the Northern District of Alabama, Southern Division. He replaced D. Sims Crawford who had been appointed as a United States Bankruptcy Judge for the Northern District of Alabama. Trustee Caraway maintains his office in Birmingham. At the time of his appointment as Standing Trustee,...

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Critical Case Comment – What Does a Tax Return Really Tell Us??

Henry E. Hildebrand, III

May 7, 2023

Chapter 13 debtor has no obligation to voluntarily disclose changes in income or the acquisition of post-petition assets absent a request from a party in interest for such information. (Kendig) In re Poe, 2022 WL 3639415, (Bankr. N.D. Ohio August 22, 2022) Case Summary Mr. Poe filed a Chapter 13 petition in March of 2019. At the time of filing,...

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Johnson Retires

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By Academy Staff Jan P. Johnson served as a Chapter Standing 13 Trustee for the Eastern District of California, Sacramento Division, from 1998 to September 30, 2019. Prior to this appointment, he served as Chapter 13 Standing Trustee for the District of Puerto Rico from 1989 where he was responsible for over 25,000 cases. He was also appointed as Standing...

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I Know You Think You Know What I Said

Cathy Moran

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“The client now claims that my words were a license to fail to disclose the gifts. Huh?”

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The Proposed Consumer Bankruptcy Reform Act: A Political Analysis

January 17, 2021

By Kevin M. Ball, Eastern Michigan University Senator Warren and Representative Nadler introduced identical legislation entitled the Consumer Bankruptcy Report Act (“CBRA”) late in the 116th Congress. Although the bills died without action at the conclusion of that term, the sponsors have indicated their intent to reintroduce them in the 117th Congress. The legislation would bring major changes to the...

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Ask Ms. Ps & Qs

Nancy B. Rapoport

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Here’s the question: Can an attorney who speaks only English represent a non-English speaking client? Ms. Ps & Qs fully answers this important question.

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Exactly What Is A Chapter 13 Trustee, Anyway? Some ruminations on a strange and unique position. Part 1 of 2

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Related Articles

No Free Car for a Lien Avoidance

From the Editor – Claims

Conflicting Interpretations: A Chapter 13 Trustee’s Compensation After Pre-Confirmation Dismissal or Conversion* Part 3 of 3

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Ask Ms. Ps & Qs

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