Ask Ms. Ps & Qs

By Professor Nancy Rapoport

Dear Readers:

I’m so excited—two of you1 wrote in with questions!

Dear Ms. Ps and Qs: The 4th Circuit Court of Appeals ruled recently, in Covert v. LVNV Funding [779 F.3d 242 (4th Cir. 2015)], that confirmation of a Chapter 13 plan resolves all disputes over claims. If the debtor has a cause of action against the creditor for anything and fails to specifically preserve it in some way or act upon it before the plan gets confirmed, he or she is barred by . . .

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Buy Now/Pay Later – When the Bill Comes Due

Neil Lloyd Enmark

October 22, 2023

This quick read has something for everyone. “The services are convenient for consumers and probably encourage impulse buying.” More from this author: Post-Confirmation Property & Income Changes

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Claim Preclusion and the Opportunities for Mischief

Cathy Moran

March 27, 2022

I’ve been having nightmares about the 9th Circuit’s decision in Siegel for 20 years. Broad strokes, Siegel (143 F.3d 525 (9th Cir. 1998) holds that a filed claim in a no asset bankruptcy case to which no one objects is entitled to preclusive effect in subsequent litigation by . . . It looks like you are not signed in or...

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United Student Aid Funds, Inc. v. Espinosa Ten Years After

May 3, 2020

By Hon. Brian Lynch, United States Bankruptcy Judge, Western District of Washington, Tacoma Division When the Supreme Court issued United Student Aid Funds, Inc. v. Espinosa1 on March 23, 2010, commentators were perplexed.2 On the one hand, the Court upheld the 9th Circuit’s ruling allowing a hardship discharge of student loans in a chapter 13 plan. The Court held that...

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From 5 Divisions to 4 Grandchildren, 3+ pets, 2 Hobbies and 1 Private Practice: The “Retirement” of Robert Wilson

Katherine L. Davis

March 20, 2022

“The trouble with retirement is that you never get a day off!” [Abe Lemons] There is no better way to describe Robert Wilson in his career as an attorney, as a trustee, in his life thus far, and surely in his retirement! He has filled and will continue to fill every second of every day with meaning and purpose and...

Do I Really Have to Tell the Trustee About Newly Acquired Assets?

Herbert L. Beskin

January 9, 2022

It has long been a vexing question for Trustees and attorneys alike: do Debtors have to disclose assets acquired post-petition? In a lengthy and well-documented opinion, Chief Bankruptcy Court Judge John Waites of South Carolina has presented his take on this issue and concluded, with some important exceptions, that they do not. The case is In re Thomas L. Boyd,...

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Chris Hawkins Appointed Judge

The Academy

March 20, 2022

Chris Hawkins was sworn in as a bankruptcy judge for the Middle District of Alabama on March 14, 2022, succeeding Judge William R. Sawyer. Before his appointment, Chris was a partner at Bradley Arant Boult Cummings LLP, where he focused exclusively on bankruptcy and insolvency matters. For over twenty years, he represented debtors and creditors in out-of-court restructurings, commercial and...

Recent Trends in the Interpretation of Midland v. Johnson and the Applicability of the FDCPA to Bankruptcy Cases – Part II: Thomas v. Midland Funding, LLC

February 7, 2021

By Mark C. Leffler, Boleman Law Firm, PC, Richmond, Hampton, and Va. Beach, Virginia In order to “eliminate abusive debt collection practices by debt collectors . . .”, the Fair Debt Collection Practices Act (“FDCPA”) bars debt collectors from using any “false, deceptive, or misleading representation or means in connection with the collection of any debt . . .” 15...

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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.

“How Long, O Lord?”

November 29, 2020

By Angela M. Scolforo, Staff Attorney to Herbert L. Beskin, Chapter 13 Trustee for the Western District of Virginia “How long?” is a common plea. When my children were young and we travelled they would ask, “how long before we get there?” In scripture we find David, Habakkuk and Zechariah (none of whom were Debtors’ attorneys) all crying out, “how...

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Critical Case Comment – The Plan Rules

Henry E. Hildebrand, III

December 4, 2022

Chapter 13 plan which provided a specific amount to be cured on a reverse mortgage under § 1322(b)(5) would be controlled by the specific term of the plan provision and not by the larger proof of claim filed by the creditor. (Baer) In re Edelstein, 2022 WL 16730027 (Bankr. N.D. Ill. November 7, 2022) Case Summary The Edelsteins filed Chapter...

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Related Articles

Buy Now/Pay Later – When the Bill Comes Due

Claim Preclusion and the Opportunities for Mischief

United Student Aid Funds, Inc. v. Espinosa Ten Years After

From 5 Divisions to 4 Grandchildren, 3+ pets, 2 Hobbies and 1 Private Practice: The “Retirement” of Robert Wilson

Do I Really Have to Tell the Trustee About Newly Acquired Assets?

Chris Hawkins Appointed Judge

Recent Trends in the Interpretation of Midland v. Johnson and the Applicability of the FDCPA to Bankruptcy Cases – Part II: Thomas v. Midland Funding, LLC

What A Bankruptcy Lawyer Is Thankful For

“How Long, O Lord?”

Critical Case Comment – The Plan Rules

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