Hank Wins One at the BAP

What’s a governmental creditor to do when a court finds that the state’s own laws do not permit the government to recover the funds to which it believes it is entitled? Clearly, the state changes the law.

In re Bratt, 2016 WL 1645147 (6th Cir. BAP April 26, 2016)

In 2012, the City of Nashville decided to get aggressive against Chapter 13 debtors who were proposing to pay their property taxes through their Chapter 13 plans. Nashville’s legal team . . .

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WE LOVE AND WILL MISS YOU, HELEN

Elizabeth Vaughan

July 31, 2022

Helen Morris, the Standing Chapter 13 and 12 Trustee for West Virginia is retiring at the end of this fiscal year. I first met Helen over lunch at NACTT, where we chatted about a non-legal interest we both share, writing fiction. I was delighted to discover, then as now, a friend with a razor wit, a wicked sense of humor...

List It or Lose It: When Actual Knowledge Isn’t Enough

June 20, 2021

By Cathy Moran, Esq., (Redwood City, CA) To actually effect abandonment of unadministered assets in a bankruptcy case, the asset in question must appear on Schedule A/B. That’s the hard teaching of Stevens v. Whitmore from the 9th Circuit BAP. A passing reference to an asset in the SOFA isn’t sufficient. Neither was the fact the trustee explicitly knew about...

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Critical Case Comment – Debtor Bears Burden of Proof to Be Ones Own Disbursing Agent

Henry E. Hildebrand, III

January 21, 2024

There is a presumption that the trustee will make disbursements under a confirmed Chapter 13 plan and the debtor bears the burden of demonstrating sufficient grounds to justify acting as her own disbursing agent.

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Judicial Year in Review 2021: Revised Rules and Selected Cases – Part 1 Amended Rules

November 7, 2021

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN) Introduction This year's changes in the Rules of Bankruptcy Procedure are summarized below. They will be followed, in Part 2, by a digest of selected judicial decisions in the past year of interest for their procedural implications. December 1, 2021, Amendments to Bankruptcy Rules 2005, 3007, 7007.1 and 9036 On...

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City of Chicago v. Fulton And the Turnover Conundrum

January 24, 2021

By Kara K. Gendron, Esquire, Mott & Gendron Law (Harrisburg, PA) The recent Supreme Court decision in City of Chicago v. Fulton1 will change the law in most Circuits. Prior to this case, there was a split among the circuits as to whether the post-petition retention of property taken pre-petition constitutes a violation of the automatic stay under §362(a)(3) of...

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Will Artificial Intelligence Run Wild on the Legal Profession?

William F. Jaworski, Jr.

March 9, 2025

This is a must read for everyone. Trustee Jaworski provides readers an excellent handbook on AI as we know it now - what it is; how it is being used in the law; ethical considerations; and even court decisions.

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“Extreme” Serial Filers

Dana M. Estes

May 4, 2025

Courts reserve refiling bars for egregious conduct. Here Attorney Estes looks at two particularly extreme cases.

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Upwardly Mobile: An Analysis of the Telecommunications Deduction Line on the Means Test

Kara K. Gendron

September 17, 2023

“Perhaps the most obvious problem with this instructional language is that it refers to outdated services.”

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Can a Secured Claim Still “Ride-Through” Bankruptcy Despite BAPCPA? Part 2: Looking Beyond In re Rhodes

Lawrence R. Ahern, III

February 27, 2022

Background A recent Chapter 7 case out of the Bankruptcy Court for the Southern District of California, In re Rhodes,1 addressed reaffirmation in a context that should be of interest to debtor's attorneys. As explained in Part 1, Rhodes points out that the "ride-through" of a debtor's secured debt after a Chapter 7 — which Congress . . . It...

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Chapter 13 NoLook Fees: The Horns of a Dilemma

Cathy Moran

December 3, 2023

“We’re confronted with a dilemma: if we pay practitioners fairly,we price ourselves out of reach of the very individuals we hope to help.”

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Hank Wins One at the BAP

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Related Articles

WE LOVE AND WILL MISS YOU, HELEN

List It or Lose It: When Actual Knowledge Isn’t Enough

Critical Case Comment – Debtor Bears Burden of Proof to Be Ones Own Disbursing Agent

Judicial Year in Review 2021: Revised Rules and Selected Cases – Part 1 Amended Rules

City of Chicago v. Fulton And the Turnover Conundrum

Will Artificial Intelligence Run Wild on the Legal Profession?

“Extreme” Serial Filers

Upwardly Mobile: An Analysis of the Telecommunications Deduction Line on the Means Test

Can a Secured Claim Still “Ride-Through” Bankruptcy Despite BAPCPA? Part 2: Looking Beyond In re Rhodes

Chapter 13 NoLook Fees: The Horns of a Dilemma

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