Ask Ms. Ps & Qs

By Professor Nancy Rapoport

Dear Readers:

The wonderful Regina Logsdon found us a great case for this month’s discussion. On January 13, the ABA Journal published a column called Bankruptcy lawyer suspended for 'screwing banks' ads. The title’s a bit of a spoiler alert, I know, but here’s the gist: The Indiana Supreme Court has approved a consensual 30-day suspension for a lawyer who had advertised (among other things) that he’d been “[s]crewing [b]anks [s . . .

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Quick Confirmation – BAP Says Not So Fast

Hale Andrew Antico

September 25, 2022

Sahni v. Tajima (In re Tajima) 2022 WL 3354006 (9th Cir. BAP Aug 15, 2022)(unpublished) S.Klein J ISSUE Did the Bankruptcy Court err when confirming Chapter 13 plan? RULING Yes. FACTS This case involves the tension of litigation in bankruptcy causing delay, and the need to get a Chapter 13 plan confirmed quickly. Here, there was a dispute between debtors...

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What, Exactly, Is the Trustee’s Percentage Fee

Rebecca Herr

April 23, 2023

In recent years, a handful of cases have discussed the issue of what happens to the trustee’s percentage fee, collected from debtor plan payments, upon the dismissal or conversion of a case prior to confirmation. This is an emerging area of law, with decisions on both sides. However, with this new issue, there appears to be at least some confusion...

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Don’t Bank on Withdrawal

Cathy Moran

June 23, 2024

What do you know about FRBP 7041? Maybe younever gave it much thought. Here, Atty Moran shares her encounter with the rule which ended up at the 9th Circuit. She concluded that the “Withdraw” event on ECF enabled a trap for the unwary counsel and court.

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Critical Case Comment

February 3, 2019

By Henry E. Hildebrand, III, Chapter 13 Trustee for the Middle District of TN (Nashville) Where a Chapter 13 plan provides that a mortgage payment will be paid “outside the plan,” the plan does not “provide for” the mortgage payment and, accordingly, the discharge under § 1328 is not applicable to the mortgage obligation. Dukes v. Suncoast Credit Union, 909...

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A Practical Approach to Using Bankruptcy Rules Effectively

Beverly M. Burden

January 26, 2025

This is the first in a series of resources intended to simplify and facilitate the search for and application of certain bankruptcy rules relevant to chapter 13 practice. This article will look at four fundamental rules relating to general motion practice: Rules 9013, 9006, 9007, and 9014.

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Critical Case Comment – What About a Zero Value Junior Lien?

Henry E. Hildebrand, III

November 5, 2023

Bankruptcy Court has authority to compel implementation of a confirmed Chapter 13 plan which, at its end required the release of a junior lien which had been given no value; attorney’s fees would be awarded to debtors’ counsel for pursuing the release.

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From the Editor

March 17, 2019

By Wm. Houston Brown, United States Bankruptcy Judge (Retired) Confirmation - Bankruptcy court could not sua sponte object to confirmation. Distinguishing between “self-executing” provisions of the Code and those sections that were not “self-executing,” and discussing Espinosa’s impact on that distinction, District Court held that the bankruptcy court could not sua sponte object to confirmation based on the above- median...

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William E. Heitkamp (44)

David G. Peake

December 17, 2023

At the end of this calendar year, after 44 years, the Southern District of Texas and the bankruptcy community will lose one of our standard bearers. William E. Heitkamp, “Bill” was appointed Chapter 13 Trustee in 1979. His appointment came shortly after the Bankruptcy Reform Act of 1978 became law.

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New Trustee Named

The Academy

September 10, 2023

Andrew B. Finberg has been appointed as a Chapter 13 Standing Trustee for the District of New Jersey. Finberg is picking up the mantle left by happily retiring Isabel Balboa.

Taxpayers Should Beware of Property Lien Scam

October 6, 2019

With scam artists hard at work all year, taxpayers should watch for new versions of tax-related scams. One such scam involves fake property liens. It threatens taxpayers with a tax bill from a fictional government agency. Here are some details about the property lien scam that will help taxpayers recognize it: This scheme involves a letter threatening an IRS lien...

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Related Articles

Quick Confirmation – BAP Says Not So Fast

What, Exactly, Is the Trustee’s Percentage Fee

Don’t Bank on Withdrawal

Critical Case Comment

A Practical Approach to Using Bankruptcy Rules Effectively

Critical Case Comment – What About a Zero Value Junior Lien?

From the Editor

William E. Heitkamp (44)

New Trustee Named

Taxpayers Should Beware of Property Lien Scam

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