Disbursing Agent: Should the Debtor Have a Choice?

By Barbara Foley, Chapter 13 Trustee for the Western District of Michigan (Kalamazoo, MI)

When crafting the chapter 13 plan the debtor has a number of decisions to make regarding the plan provisions. All decisions impact the function of the plan and the debtor’s success in the chapter 13, but none more than the choice of disbursing agent. This article will discuss recent case decisions and look at the statutory framework and factual situations which may result in the conflict in the disbursing agent choice. The conclusion reached is, for a variety of reasons, the Standing Chapter . . .

It looks like you are not signed in or registered! This content is only available to members.

Or Sign In Below:

No Author Biography has been linked to this Article.

Fourth Circuit: Brittner v. Beach Anesthesia

Edward C. Boltz

June 25, 2023

Summary: Brittner filed an adversary proceeding against Beach Anesthesia alleging violations of the automatic stay, but the bankruptcy court (affirmed by the district court) held that she had either failed to establish actual damages or to mitigate damages. The Court of Appeals held that that Brittner needed to satisfy a five-part test to establish a violation of the automatic stay: (1) that a bankruptcy...

Bankruptcy Rules, New and Proposed

James M. Davis

December 8, 2024

The amendments to the Bankruptcy Rules that took effect on December 1, 2024, are primarily stylistic, but they do include a few substantive changes. More controversial changes are in the pipeline for December 2025, however, with significant changes to Rule 3002.1 proposed.

Members

The Proposed Consumer Bankruptcy Reform Act: A Political Analysis

January 17, 2021

By Kevin M. Ball, Eastern Michigan University Senator Warren and Representative Nadler introduced identical legislation entitled the Consumer Bankruptcy Report Act (“CBRA”) late in the 116th Congress. Although the bills died without action at the conclusion of that term, the sponsors have indicated their intent to reintroduce them in the 117th Congress. The legislation would bring major changes to the...

Members

CHAPTER 12 CONFERENCE ● FARM REORGANIZATION ● 3 HOURS OF CLE

The Academy

January 19, 2025

The Association of Chapter 12 Trustees is excited to announce its virtual seminar scheduled for February 13, 2025. The seminar is a one-day virtual seminar with three sessions. The ACT12 board and officers have worked hard to put together a seminar packed full of great information. REGISTER NOW!

Representing Elderly Clients in Bankruptcy – Part 3 of 3

January 19, 2020

By David Cox,1 Cox Law Group, PLLC (Lynchburg, VA) Click here for Part 1 of 3 Click here for Part 2 of 3 C. Challenges unique to older debtors. Mobility/hearing attendance requirements. Attendance at 341 hearing. Section 343 Examination of the debtor clearly indicates that the debtor shall appear and . . . It looks like you are not signed...

Members

Objections to Claims: Two of These Creditors Are Not Like the Others [1]

June 13, 2021

By Daniel M. Tavera, Law Clerk to the Honorable John P. Gustafson, U.S. Bankruptcy Court for the Northern District of Ohio (Toledo) Objections to claims may generally be served on the claimant by first-class mail to the person designated to receive notices on the most recent proof of claim for the creditor. This simplifies the service for claim objections for...

Members

How to Present an Effective Summary Judgment Motion

August 23, 2020

By Hon. Erik P. Kimball, United States Bankruptcy Court for the Southern District of Florida (Used with permission - Originally Published by the Courthouse Beacon, United States Bankruptcy Court for the Southern District of Florida August, 2020) Summary Judgment Applies In Contested Matters Bankruptcy Rule 7056 incorporates all of Federal Rule 56 for purposes of adversary proceedings, adjusting only the...

Members

Is This Corporation Really Separate from Its Owners: A Checklist

Cathy Moran

October 1, 2023

In a perfectly executed world, clients who do business via an entity like a corporation or LLC would arrive with their business lives neatly separated from their personal lives. However, that’s not the world I practice in. It’s probably not yours, either. Instead, I have to sleuth out the facts, and compare them to the individual’s version. I see prospective...

Members

When (or Not) Is the Best Interests of Creditors Test Applicable in a Modified Plan?

August 22, 2021

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN) While the best interests of creditors test is applicable upon modification of a Chapter 13 plan, post-petition acquired property of the estate is not included in such analysis in that such property would not be property of a Chapter 7 estate. (Somers) In re Taylor, 2021 WL 3118824 (Bankr....

Members

341s: The Good, the Bad and the Ugly

Brandi Manuel Jolley

November 19, 2023

“The chief obstacle we have had since starting Zoom revolves around the lack of high-speed internet in our division.”