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 . . .

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.

Claim Preclusion and the Opportunities for Mischief

Cathy Moran

March 27, 2022

I’ve been having nightmares about the 9th Circuit’s decision in Siegel for 20 years. Broad strokes, Siegel (143 F.3d 525 (9th Cir. 1998) holds that a filed claim in a no asset bankruptcy case to which no one objects is entitled to preclusive effect in subsequent litigation by . . . It looks like you are not signed in or...

Members

Rule 12(b)(1) Dismissal

Tara Trevorrow

April 7, 2024

This article looks at Rule 12(b)(1) by presenting a three-question test synthesizing decades of Eleventh Circuit case law.

Members

Chapter 13 Saves the World!

The Academy

May 21, 2023

(The DuPage County Bar Association grants permission to reprint all or part of this article, Chapter 13 Saves the World! by Arthur Rummler, Volume 29, Issue 9, May 2017 edition of the DCBA Brief. Copyright 2017, DCBA Brief, All Rights Reserved.) We are pleased to reprint an article referred to recently by Director Twomey of the Executive Office for United...

Keep Calm and Carry On – Observations Regarding CBRA

Henry E. Hildebrand, III

October 9, 2022

First, breathe deep and try to relax. The Antitrust, Commercial and Administrative House Subcommittee of the House Judiciary Committee, with minimal notice, set an oversight hearing for September 29, 2022. The subcommittee is charged to deal with matters relating to bankruptcy. The subject of the hearing was to be the “Oversight of the Bankruptcy Code, Part 2: Ensuring a Fresh...

Rule 3002.1 Does Not Justify Punitive Sanctions

September 19, 2021

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN) In order for a bankruptcy court to impose sanctions for contempt, Taggart compelsa finding of a violation of a clear and unambiguous order; the bankruptcy court lacks inherent power to issue punitive sanctions under Rule 3002.1. (Jacobs) PHH Mortgage Corporation v. Sensenich, 6 F.4th 503 (2nd Cir. August 2,...

Members

Today’s AI Stands to Create Work for Lawyers

Cathy Moran

June 25, 2023

Most lawyers were torn between wincing and laughing when a lawyer filed a brief packed with case authority created out of whole cloth by an AI bot. Meanwhile, a segment of the bar is fretting that we will be replaced by powerful artificial intelligence. My concern, based on a couple of casual forays into AI, is not that I will...

Members

CFPB Announces Action Against Monster Loans, Lend Tech Loans, and Associated Student Loan Debt-Relief Companies

January 19, 2020

January 9, 2020, the Bureau filed suit against several companies and individuals involved in offering student loan debt-relief services for allegedly obtaining consumer reports illegally, charging unlawful advance fees, and engaging in deceptive conduct. The Bureau’s action is against a mortgage lender called Chou Team Realty, LLC, which does business as Monster Loans (Monster Loans); an allegedly sham mortgage brokerage...

Critical Case Comment – Siegel v. Fitzgerald

Henry E. Hildebrand, III

June 19, 2022

Congress’ enactment of differing fees for U.S. Trustee states and Bankruptcy Administrator states violated the uniformity provision of the Bankruptcy Clause of Article I of the Constitution. (Sotomayer) Siegel v. Fitzgerald, 2022 WL 1914098 (S.Ct. June 6, 2022) Case Summary In 2008, the retail chain, Circuit City Stores, filed a Chapter 11 petition. In 2010, Circuit City’sliquidating plan was confirmed...

Members

Measuring Success in Chapter 13: Five Years Later

June 6, 2021

By Brian D. Lynch, Bankruptcy Judge, Western District of Washington Five years ago, I wrote an article for this publication, “Measuring Success in Chapter 13,”1 where I criticized some media and academics for repeating an outdated and misleading statistic about the success of chapter 13 cases. So it was disconcerting to see John Oliver recently on Comedy Central’s Last Week...

Members

Division of Marital Property During a Chapter 13 Bankruptcy

Michael B. Joseph

November 5, 2023

“The focus of this article is to review some of the issues faced in cases with pending state court marital property division proceedings.”

Members

Ask Ms. Ps & Qs

Link to Post:

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

Or Sign In Below:

Related Articles

Claim Preclusion and the Opportunities for Mischief

Rule 12(b)(1) Dismissal

Chapter 13 Saves the World!

Keep Calm and Carry On – Observations Regarding CBRA

Rule 3002.1 Does Not Justify Punitive Sanctions

Today’s AI Stands to Create Work for Lawyers

CFPB Announces Action Against Monster Loans, Lend Tech Loans, and Associated Student Loan Debt-Relief Companies

Critical Case Comment – Siegel v. Fitzgerald

Measuring Success in Chapter 13: Five Years Later

Division of Marital Property During a Chapter 13 Bankruptcy

Academy

Members

Website

Legal

Looking to Become a Member?

Webinars

Member Articles

Industry News

To get started, please let us know which of these best fits your current position: