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

A continuation of Part 1’s look at the many hats of a Chapter 13 Trustee.
click here for Part 1
Litigator

The majority of Chapter 13 trustees are lawyers by training. In the role of Chapter 13 trustee, there are opportunities to use litigation skills in bankruptcy court to right wrongs by pursuing actions that serve the interests of debtors or creditors, or sometimes both. As the U.S. financial collapse of the early 21st Century started to unfold, Chapter 13 trustees were among the first to uncover the . . .

It looks like you are not signed in or registered! This content is only available to members.

Or Sign In Below:

No Author Biography has been linked to this Article.

Related Articles

January 31, 2021
By Nathan E. Curtis and Peter Francis Geraci, Geraci Law L.L.C. Debtors who are not current on mortgage or vehicle payments may file for Chapter 13 relief and propose to cure arrears, and force creditors to accept future payments. Mortgage creditors must give multiple notices before taking real estate away from a debtor, but vehicle creditors are allowed to repossess...
Members
hayes
March 27, 2022
(Used with permission,Volume 1, Issue 3:3 6 March, 2022 cdcbaa) Jon: Hi Aki. I can’t believe after knowing you for 30 years now that I don’t know where you were born. Aki: Ha! I was born in Tokyo, Japan although we moved to California when I was about one. We’ve been here ever since. Jon: Why the move? Aki: Well,...
November 7, 2021
By Sean G. O'Hair, Staff Attorney to Chapter 13 Standing Trustee Nancy Curry (Los Angeles, CA) Recent changes to the Handbook for Chapter 13 Standing Trustees promise to bring renewed scrutinyto the reasonableness of document requests by a chapter 13 trustee for documents that are not otherwise required to be provided by law.1 The basic idea appears to be that...
Members
NN Photo
March 5, 2023
In a recent opinion, an Ohio bankruptcy court joined the majority of other courts by holding the Code excludes Social Security Act (“SSA”) benefits from disposable income.i The issue was brought before the Court by the Chapter 13 Trustee’s objection to confirmation. The objection to confirmation asserted the Debtors failed to commit all disposable income to their plan and included...
Members
July 24, 2021
By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN) Wonk Alert This Part 2 wraps up some suggestions about how the parties to residential mortgages may avoid or minimize problems in the structuring and administration of these loans, with a discussion of subsection 1111(b) of Bankruptcy Code.1 This discussion may seem arcane, as indeed many experienced Chapter 11 practitioners...
Members
Headshot
October 8, 2023
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...
morgenstern-clarren
November 26, 2023
Although this article was originally published in 2009, Judge Morgenstern-Clarren took a fresh look just this week. It is just as relevant today as the day she first wrote it
Members
February 21, 2021
By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN) Introduction The Academy has focused at length on the Small Business Reorganization Act of 2019 (SBRA).1 SBRA deals on its face with a non-consumer topic, but it is of interest also to Chapter 12 and 13 trustees and debtors, creating a new, more debtor-friendly subchapter V of Chapter 11 for...
Members
April 21, 2019
By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN) Introduction In 2016, the American Bankruptcy Institute’s president, Eugene Wedoff, retired bankruptcy judge from the Northern District of Illinois, proposed to the ABI Board that a commission be established to examine the current status of consumer bankruptcy laws, rules, and cases with the goal of its making general suggestions...
Members
moran_cathy
February 25, 2024
“The headline was ‘Are your clients really stupid?’ . . .The answer isn’t what you’re tempted to respond.” The second in a 3-part series on treating clients as we would want to be treated. More on this topic: Why Listening Is a Bankruptcy Lawyer’s Superpower
Members

Looking to Become a Member?

ConsiderChapter13.org offers a forum to advance continuing education of consumer bankruptcy via access to insightful articles, informative webinars, and the latest industry news. Join now to benefit from expert resources and stay informed.

Webinars

These informative sessions are led by industry experts and cover a range of consumer bankruptcy topics.

Member Articles

Written by industry experts, these articles provide in-depth analysis and practical guidance on consumer bankruptcy topics.

Industry News

The Academy is the go-to source for the latest news and analysis in the Chapter 13 bankruptcy industry.

To get started, please let us know which of these best fits your current position: