By Katherine B. Brewer, Esq. (Westerville, OH) One of the first things we focus on in law school (other than the Rule Against Perpetuities, which always brings back fond memories), is that our clients come first. We learn the complexities of the law, memorize rule statements, and read thousands of pages of case law in order to learn how best...

By Henry E. Hildebrand, III, Chapter 13 Trustee (Nashville, TN) One of the principle goals of a consumer that chooses to file bankruptcy is to obtain a discharge under § 524. Despite its importance, however, there is much more legal discussion on the logistics and the process of automatic stay under § 362 that is in existence during the pendency...

By The Honorable Hannah Blumenstiel Yes, MORE on SBRA. We realize that to attorneys February of 2020 seems a LONG way away but it really isn’t. We are building our library on this important legislation so it is available when YOU are ready for it. In this week’s installation, Judge Blumenstiel, analyzes the legislation. The first two and a half...

By The Honorable Guy R. Humphrey, Southern District of Ohio It is with heavy hearts that we in Dayton, Ohio say our farewells to Jeff Kellner as our Chapter 13 Trustee. Jeff will be concluding his duties as the Trustee on September 30th and handing the reins over to John Jansing on October 1st. Listing Jeff’s contributions to the bankruptcy...

By Ken Siomos, Staff Attorney for Marsha L. Combs-Skinner (Newman, IL) A small part of the recently passed “Cares Act” is the ability of Chapter 13 debtors experiencing a “material financial hardship” as a result of the covid-19 pandemic to modify their plan to 84 months.i Many Chapter 13 Trustee’s are likely anticipating a series of Chapter 13 Plan defaults...

As a prerequisite to a claim’s payment, Rule 3002.1 requires certain secured creditors to provide to the trustee and the debtor notice of the full value of the secured creditor’s claim, including any “fees, expenses, and charges” related to the claim. Two bankruptcy courts have demonstrated a willingness to expand the reach of Rule 3002.1’s noticing requirements. These courts generally...

Taxpayers with expiring individual taxpayer identification numbers should renew their number ASAP. There are nearly 2 million ITINs set to expire at the end of 2019. Taxpayers with an expiring number should renew before the end of this year. This will help avoid unnecessary delays related to their tax refunds next year. ITINs are used by taxpayers required to file...

By The Honorable William Houston Brown (Retired) Good faith in plan proposal. Plan was proposed in good faith, although petition was filed only 21 days after purchase of vehicle, when plan adequately protected creditor against risk of depreciation. Opinion reviews good faith factors for plan proposal. In re Sharp, 608 B.R. 546 (Bankr. D. Kan. 2019). Compare In re Broder,...