I Can Explain

By Helen M. Morris, Standing Chapter 13 Trustee for the Northern and Southern Districts of
West Virginia

The perfect t-shirt for Chapter 13 trustees is now available. It says: “I can explain it to you, but I can’t understand it for you.” It only comes in one color. Too bad ‘cause I need a week’s worth and think different colors would be nice.

Let me share some of my recent experiences which have made this shirt so desirable.

At a recent bar meeting, my systems manager made a presentation on using an Excel based worksheet . . .

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Avoidance Powers in Chapter 13© – Part 6 of 6

February 3, 2019

By John P. Gustafson, United States Bankruptcy Judge, Northern District of Ohio, Western Division (Toledo, OH) Click here for Part 1 Click here for Part 2 Click here for Part 3

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Judiciary Still Operating as Shutdown Starts

The Academy

October 12, 2025

. . . at least through Friday, October 17th

Critical Case Comment

January 26, 2020

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville) When a case converts from Chapter 13 to Chapter 7 prior to the confirmation of a plan, the Chapter 13 Trustee is not permitted to divert funds from the debtor to the debtor’s attorney. In re Lettie, 597 B.R. 637 (Bankr. E.D Wis. 2019)...

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In re Fulton: Seventh Circuit Affirms Its Position with Majority of Circuits on Passive Retention of Property as Violation of Sections 362 and 542

June 30, 2019

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN) Introduction In In re Fulton,1 the Seventh Circuit has restated its position on passive violation of the automatic stay, holding that failure by the City of Chicago to turn over impounded vehicles after the owners' bankruptcy filings violated Bankruptcy Code sections 362 and 542. Fulton – Background and Ruling The...

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Possible Sixth Circuit Shift???

Henry E. Hildebrand, III

July 13, 2025

Carefully following In re Nolan and In re Adkins, a debtor may modify a confirmed Chapter 13 plan to surrender a car so long as the full secured claim is paid although with a modified interest and paid without a regular monthly payment.

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Critical Case Comment – Discharged Junior in 7 Survives in 13

October 17, 2021

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville) While in personam liability of a junior mortgage on the debtor’s residence is discharged by a Chapter 7, the lien survives and constitutes an allowed unsecured claim in the debtor’s subsequent Chapter 13 case. In re Hopper, 2021 WL 3435445 (Bankr. E.D. N.Y. Aug....

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Ms. Ps & Qs

August 15, 2021

By Nancy B. Rapoport, Garman Turner Gordon Professor of Law, Boyd School of Law, and Affiliate Professor of Business Law & Ethics, Lee Business School, William S. Boyd School of Law, University of Nevada, Las Vegas Dear Readers: My guardian angel, Regina Logsdon has asked a great question:what should you do when your “Spidey sense” tells you that your client...

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Are 401(k) Contributions Disposable Income or Not?

Cathy Moran

May 21, 2023

For a system that is supposed to rehabilitate personal finances and set debtors back on their feet, Chapter 13 nationwide is schizophrenic about on- going retirement savings, divided about whether post petition contributions to retirement accounts preclude confirmation of a Chapter 13 plan. Too many courts, in my opinion, come down barring voluntary provisions for old age for the 5...

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A Fond Farewell to 007 – Frank M. Pees

May 3, 2020

On April 30, 2020, Frank M. Pees will retire from his position as the Chapter 13 Standing Trustee (Worthington) for the Southern District of Ohio, Eastern Division. Mr. Pees has been a Trustee since his appointment in 1978. Throughout his career, he has been actively involved in the National Association of Chapter 13 Trustees, serving as President (in 1987), and...

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Foreclosure Sales as Fraudulent Transfers: Study Summary

Edward C. Boltz

June 9, 2024

Attorney Boltz shares a summary of a new study which looks at the Supreme Court ruling that noncollusive, regular foreclosure sales aren't voidable by a bankruptcy trustee, but collusive or irregular sales can be challenged by unsecured creditors, who can cloud the title if fraud is involved. The study explores when these sales can be avoided.

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I Can Explain

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Related Articles

Avoidance Powers in Chapter 13© – Part 6 of 6

Judiciary Still Operating as Shutdown Starts

Critical Case Comment

In re Fulton: Seventh Circuit Affirms Its Position with Majority of Circuits on Passive Retention of Property as Violation of Sections 362 and 542

Possible Sixth Circuit Shift???

Critical Case Comment – Discharged Junior in 7 Survives in 13

Ms. Ps & Qs

Are 401(k) Contributions Disposable Income or Not?

A Fond Farewell to 007 – Frank M. Pees

Foreclosure Sales as Fraudulent Transfers: Study Summary

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