Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee

The Supreme Court’s holding in Harris v. Viegelahn requires the trustee to return funds to the debtor upon conversion of the case whether the case is converted before or after confirmation. (Jacobvitz) In re Beauregard, 533 B.R. 886 (Bankr. D. N.M. July 10, 2015)

Case Summary

Kelley Skehen, the Chapter 13 Trustee in New Mexico, brought several cases before the court, requesting direction as to the trustee’s appropriate function when a case has . . .

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From the Editor – Confirmation

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By The Honorable William Houston Brown (Retired) Good faith in plan proposal. Plan was proposed in good faith, although petition was filed only 21 days after purchase of vehicle, when plan adequately protected creditor against risk of depreciation. Opinion reviews good faith factors for plan proposal. In re Sharp, 608 B.R. 546 (Bankr. D. Kan. 2019). Compare In re Broder,...

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Unconfirmed Thus Unconstrained

M. Jonathan Hayes

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Should the court dismiss a lawsuit by homeowners against their bank where they did not disclose the claims in their chapter 13 petition?

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By Cathy Moran, Esq. (Redwood City, CA) The Federal Reserve reported that 40% of Americans couldn’t meet a $400 emergency without borrowing. A significant slice of them couldn’t pay it at all. So, a Bloomberg economist devoted his column to deconstructing how the press and political figures, in his opinion, misused that finding. OMGoodness. The guy was too caught up...

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Michael B. Joseph

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Could it be that chapter 13 got it right? How does the recent United States Supreme Court holding in Harrington v. Purdue Pharma impact chapter 13 cases?

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Meet a New Trustee

The Academy

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David A. Mawhinney is the Chapter 13 Standing Trustee for the Central and Western Divisions of Massachusetts and a Subchapter V Trustee for Region One. He replaced Denise M. Pappalardo upon her retirement which was effective December 24, 2022. David is a 2002 graduate of Boston College and received his J.D. from Boston College Law School in 2011. When David started...

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“If you want to connect with more clients, you must stop talking about bankruptcy as though it exists in isolation. Instead, compare it head-on with the alternatives.” New author to ConsiderChapter13.org, Jen Lee will be bringing readers a series, primarily, on law firm management and marketing.

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Erik P. Kimball

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“In most cases, debtor’s counsel addresses only the argument that the debtor’s personal or financial affairs have substantially changed since dismissal of the preceding case.”

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Mark T. McCarty

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The U.S. Department of Labor (DOL) has released an updated Fair Labor Standards Act (FLSA) Minimum Wage Poster that covers employers’ new lactation accommodation obligations under the recently passed Providing Urgent Maternal Protections for Nursing Mothers (PUMP) Act. The PUMP Act went into effect on December 29, 2022 and requires employers to provide nursing employees with reasonable accommodations, such as...

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Edward C. Boltz

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