Ask Ms. Ps & Qs

By Professor Nancy Rapoport

Dear Readers:

Remember that old expression, “in for a penny, in for a pound”? That’s the best way to capture the notion of “appearance counsel.” When a lawyer decides to be “just” appearance counsel, that lawyer is taking on some serious risk.

In large law firms, there is almost always someone who can pinch-hit at a hearing when the primary lawyer is double-booked or otherwise unavailable, and the firm represents the client, not just the individual lawyers on the matter. But what happens when a small-firm lawyer or a solo . . .

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Supreme Court Corner: Homestead vs. Lien

M. Jonathan Hayes

November 17, 2024

Issue: Does the bankruptcy discharge terminate the right of a secured creditor to foreclose its lien on the debtor’s exempt homestead?

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Arbitration in Bankruptcy: Reading Opinions & Tea Leaves in Recent Supreme Court & Lower Court Actions Part IV

March 24, 2019

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN) PART IV: What's an Attorney to Do? Considerations for Counsel on all Sides of the Arbitration Question Click here for Part I Click here for Part II

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ABI Commission on Consumer Bankruptcy – Remedies for Discharge Violation

May 12, 2019

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...

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Fannie/Freddie Flex Modification Update

Roberto Rivera

September 22, 2024

We are pleased to provide a detailed guide to new guidelines for Flex Modifications effective both 11/1 and 12/1.

Honoring Jan Sensenich

Dynele Schinker-Kuharich

September 29, 2024

Jan Sensenich is retiring today . . . . Bidding farewell to Jan is no easy task. He has been a well-respected Chapter 12 Trustee and Standing Chapter 13 Trustee for 33 years . . . We love and will miss you, Jan, but won’t miss you too much! Jan plans to continue writing for ConsiderChapter13.org!!

Courts Continue to Fill in the Gaps on the Interplay of Bankruptcy and the FDCPA

March 7, 2021

By Chris Hawkins, Bradley Arant Boult Cummings LLP (Birmingham, AL) The Consumer Financial Protection Bureau (CFPB) published its debt collection final rule in the Federal Register on November 30, 2020, revamping the Fair Debt Collection Practices Act (FDCPA) for the first time since its enactment in 1977. Despite written comments submitted by several industry groups requesting clarity in areas where...

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I Know You Think You Know What I Said

Cathy Moran

June 30, 2024

“The client now claims that my words were a license to fail to disclose the gifts. Huh?”

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Fourth Circuit Overrules Own Precedent, Holds Certain Primary Residence Claims Can be Crammed Down in Chapter 13 Bankruptcies

October 20, 2019

(First published here on August 19, 2019. Used with permission.) By Daniel Cohn, Esq., Legal Department, Wells Fargo Bank, N.A. General Rule: No Primary Residence Mortgage Changes The general rule in bankruptcy is that debtors cannot cram down loans secured only by mortgages on their primary residences. But wait, “what’s a cram down?” you ask. For non-bankruptcy folks, a cram...

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Amended Rule 2002(a)(5) – Who Gets Served and Who Petitions the Court for Change?

November 22, 2020

By Phil Lamos, Chief Legal Counsel, Office of the Chapter 13 Trustee Lauren A. Helbling (Cleveland, OH) Bankruptcy Rule 2002(a)(5) directs that 21 days’ notice must be given of the “time fixed to accept or reject a proposed modification of a [Chapter 13] plan.” But to whom must notice be given? Specifically, which creditors need to be given notice? This...

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Re-Examining the Means Test Cost of Home Ownership

Cathy Moran

June 2, 2024

Bankruptcy lawyers can better present non-mortgage homeownership expenses to reflect current economic realities on the means test. By advocating for realistic expense allowances, based on a percentage of the home’s purchase price, attorneys can ensure fairer assessments and more successful bankruptcy plans. Additionally, Trustees and Judges should look at Atty Moran’s analysis here – change will take the whole village.

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Related Articles

Supreme Court Corner: Homestead vs. Lien

Arbitration in Bankruptcy: Reading Opinions & Tea Leaves in Recent Supreme Court & Lower Court Actions Part IV

ABI Commission on Consumer Bankruptcy – Remedies for Discharge Violation

Fannie/Freddie Flex Modification Update

Honoring Jan Sensenich

Courts Continue to Fill in the Gaps on the Interplay of Bankruptcy and the FDCPA

I Know You Think You Know What I Said

Fourth Circuit Overrules Own Precedent, Holds Certain Primary Residence Claims Can be Crammed Down in Chapter 13 Bankruptcies

Amended Rule 2002(a)(5) – Who Gets Served and Who Petitions the Court for Change?

Re-Examining the Means Test Cost of Home Ownership

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