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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Is the Automatic Stay Automatic?

Daryl J. Smith

August 24, 2025

The split deepens over § 362(c)(3)(A), as In re Sloniker holding that the automatic stay expires after 30 days as to both the debtor and estate property in repeat filings.

How Much Is That Doggy in the Window? The One with the PMSI?

Ryan Blay

February 16, 2025

Canine Collateral. Paws and Claws. A legal tail. The puns are endless but Attorney Blay shares how he resolved the growing issue of a debtor’s pet being used as loan collateral while also highlighting the quirks of pet financing in bankruptcy cases.

Members

SCOTUS Cases Every Bankruptcy Lawyer Should Know

The Honorable John P. Gustafson

November 2, 2025

In the continually evolving field of consumer bankruptcy law, a series of Supreme Court decisions shape how cases are administered nationwide. Over the coming months, we will highlight key decisions that every bankruptcy practitioner should recognize—both by name and by the issues they resolve. This week’s ‘memory work’ is: Ransom, Milavetz, and Espinosa.

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CARES Act Rebates and Domestic Support Arrears

May 10, 2020

By Elizabeth Gunn, Assistant Attorney General, Virginia Division of Child Support Enforcement, Bankruptcy Specialisti In late April, the federal government began issuing economic impact rebate payments to qualifying individuals under the CARES Act. While the CARES Act specifically identified and exempted the rebate payments from reduction or offset against certain debts including federal taxes and student loans in default, the...

Members

From Suspension to Step Plans: Trustees Share What Sticks

The NACTT Emeritus Trustees

April 26, 2026

A look back at the tools that worked during economic turbulence for debtors - and why they still matter.

Members

Amendments to Federal Rule of Bankruptcy Procedure 3002.1

The Academy

November 30, 2025

TODAY amendments to Fed. R. Bankr. P. 3002.1 take effect, and with these amendments come six new Official Forms, one revised Official Form, and a new Director’s Form. Please click here to view the new forms. Check applicable court websites for new docketing events and new local rules.

Fond Farewell to Danny O’Brien

The Academy

September 25, 2022

Dear Danny, We know that you would not want a tribute – it’s simply not who you are. But we couldn’t let this moment pass without acknowledging how admired and respected you are. We will all miss you and are better for having known you. You are a stellar example of what all humanity should strive to be. As a...

Rule 3002.1, Contempt and Sanctions – How a Lender Can Create a Mess

Thomas D. DeCarlo

October 16, 2022

The facts in In re DeWitt, 2022 WL 4588320 (Bankr. S.D. Ohio 2022), are a bit “unusual”. Debtor filed Chapter 13 to reinstate her mortgage. The mortgage was “non-escrowed” and Debtor was required to pay property taxes directly. Surprisingly, she did not pay her property taxes. The first time, the Lender paid the property taxes but decided not to pursue...

Members

Revested Property Doesn’t Need a Hall Pass

Henry E. Hildebrand, III

February 8, 2026

It is unnecessary for a Chapter 13 debtor to obtain court approval to hire a realtor or to sell the debtor’s residence following confirmation where property “revested” in the debtor.

Members

Hold Open But You Gotta Ask

Henry E. Hildebrand, III

July 6, 2025

Failure of Chapter 13 debtor to request meeting of creditors be held open and reconvened at a later time was fatal when the debtor failed to file a tax return on the day prior to the original date set for the meeting of creditors.

Members

Ask Ms. Ps & Qs

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Related Articles

Is the Automatic Stay Automatic?

How Much Is That Doggy in the Window? The One with the PMSI?

SCOTUS Cases Every Bankruptcy Lawyer Should Know

CARES Act Rebates and Domestic Support Arrears

From Suspension to Step Plans: Trustees Share What Sticks

Amendments to Federal Rule of Bankruptcy Procedure 3002.1

Fond Farewell to Danny O’Brien

Rule 3002.1, Contempt and Sanctions – How a Lender Can Create a Mess

Revested Property Doesn’t Need a Hall Pass

Hold Open But You Gotta Ask

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