Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Trustee (Nashville, TN)

Ruskin v. Blackshear (In re Blackshear), 531 B.R. 711 (E.D. Mich. May 20, 2015) (Duggan)

The only obligation imposed on a married debtor to disclose a non-filing spouse’s income and expenses is to indicate the amount that the non-filing spouse is contributing to the debtor’s household; court is without authority to compel the disclosure of the non-filing spouse’s income and expenses.

Case Summary

Brenda Blackshear filed a Chapter 13 petition in March of 2014. She was . . .

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Avoidance Powers in Chapter 13 – Part 5 of 6

January 27, 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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SBRA – The Sequel: Leases in Bankruptcy Under the Consolidated Appropriations Act, 2021

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...

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WE LOVE AND WILL MISS YOU, HELEN

Elizabeth Vaughan

July 31, 2022

Helen Morris, the Standing Chapter 13 and 12 Trustee for West Virginia is retiring at the end of this fiscal year. I first met Helen over lunch at NACTT, where we chatted about a non-legal interest we both share, writing fiction. I was delighted to discover, then as now, a friend with a razor wit, a wicked sense of humor...

Constitutional Interpretation and State Bankruptcy Laws: Chief Justice Marshall on Sturges v. Crowninshield (1819)

M. Jonathan Hayes

March 31, 2024

Launching a new feature - Supreme Court Corner - Jon Hayes will periodically share a look at a historical bankruptcy case. As the title indicates, Sturges v. Crowninshield looks at state bankruptcy law in the absence of federal law.

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Bankruptcy Courts Grapple with the “COVID-19 Discharge” – Appendix A

April 18, 2021

Bankruptcy Courts Grapple with the “COVID-19 Discharge” APPENDIX A 11 U.S.C. § 1328 Discharge (Text added by CAA, effective: December 27, 2020 and subject to one-year sunset, appears in italics.) (Mandatory and precatory directions to the court, critical to the statutory analysis in In re Ritter, appears in bold.) (a) Subject to subsection (d), as soon as practicable after completion...

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Ask Ms. Ps & Qs

December 8, 2019

By Professor Nancy Rapoport Dear Readers: I know, I know—I’ve been absent from this column for a while,1 but I’ve found a set of cases that intrigued me, so here goes. In several cases, bankruptcy courts here in Nevada have made it clear that lawyers should do a better job of proving up their fees (and proofreading them), especially when...

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Critical Case Comment–84 Months: Lifesaver or Anchor?

Henry E. Hildebrand, III

February 12, 2023

Section 1329(c), as it currently exists, forecloses the ability of Chapter 13 debtor to modify a confirmed plan to alter the plan payment amount while maintaining an extended plan, previously approved under the CARES Act. (Hanan) In re Nelson, 2022 WL 6795096 (Bankr. E.D. Wis. October 11, 2022) Case Summary Immediately after the onset of the COVID-19 pandemic, Congress sought...

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New Fellows of American College of Bankruptcy

December 15, 2019

By William H. Brown, Editor and Advisor, Academy for Consumer Bankruptcy Education, Inc. (d/b/a ConsiderChapter13.org) Members of the Academy and regular speakers at NACTT’s annual seminars were recently elected as Fellows of the American College of Bankruptcy, representing recognition by the College of the important contributions by those in the consumer bankruptcy system. Newly elected Fellows, who are to be...

Critical Case Comment – You Can’t Have Your Cake and Eat it Too

Henry E. Hildebrand, III

December 10, 2023

An over-median Chapter 13 debtor, in calculating projected disposable income, may deduct the higher of the projected plan payment for secured debts or the IRS allowance, but the debtor may not deduct the higher payment under the original contract.

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HELOC Lender’s Rule 3002.1 Charges Pass the Test

Henry E. Hildebrand, III

December 15, 2024

Home equity lender may assess a monthly fee against a debtor’s plan for its compliance with Rule 3002.1 notice of fees charged by HELOC lender’s attorney’s preparation of monthly notices of payment changes and fees authorized by Rule 3002.1. This article is a detailed description of a case Attorney Bonial discusses in Part 2 of Debtor Attorneys Were Gobsmacked!!

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Critical Case Comment

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Related Articles

Avoidance Powers in Chapter 13 – Part 5 of 6

SBRA – The Sequel: Leases in Bankruptcy Under the Consolidated Appropriations Act, 2021

WE LOVE AND WILL MISS YOU, HELEN

Constitutional Interpretation and State Bankruptcy Laws: Chief Justice Marshall on Sturges v. Crowninshield (1819)

Bankruptcy Courts Grapple with the “COVID-19 Discharge” – Appendix A

Ask Ms. Ps & Qs

Critical Case Comment–84 Months: Lifesaver or Anchor?

New Fellows of American College of Bankruptcy

Critical Case Comment – You Can’t Have Your Cake and Eat it Too

HELOC Lender’s Rule 3002.1 Charges Pass the Test

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