Property Flippers Beware!

By Harry R. Cash, Grant Konvalinka & Harrison (Chattanooga, TN)

The one-year redemption period just got extended by 60-days for a debtor filing Chapter 13. The United States Bankruptcy Court for the Eastern District of Tennessee determined that the 60-day tolling provision in 11 U.S.C. § 108(b) is available to Chapter 13 debtors exercising the rights and powers of a trustee, just as it applies in Chapter 11 cases and is available to Chapter 11 debtors in possession. In In Re Cherilyn Etta Bryant, No. 15-bk-12367-NWW, Cherilyn Etta . . .

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

Or Sign In Below:

Username or Email

Password

Remember me

Lost your password?

No Author Biography has been linked to this Article.

Related Articles

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.

View Article

Members

Ask Ms. Ps & Qs

Nancy B. Rapoport

August 7, 2022

Dear Readers: When a judge issues a 28-page opinion sanctioning a lawyer, usually that means that the lawyer has done so many things wrong that he or she has caused the judge to roll up his or her respective sleeves (probably shirt-sleeves, although the image of robe-sleeves also works for me) to deal with the mess. And in Shiheiber v....

View Article

Members

Who Is the Person Sitting at That Workstation? Contractor? Employee? Exempt?

Merideth Akers

January 22, 2023

Who is the person sitting at that workstation? Is it Noah Non-exempt? Is it Emma Exempt? Or, is it Connie Contractor? It is vital that I know who the person is sitting at that workstation. Do I have to pay the person sitting at that workstation overtime pay? Can I reduce the person’s pay for leaving an hour early? Do...

View Article

Members

For Whom Does the Bell Toll?

October 10, 2021

By Angela M. Scolforo, Staff Attorney to Herbert L. Beskin, Chapter 13 Trustee for the Western District of Virginia Since January 2019 alone there have been about 250 student loan discharge cases decided in the federal courts.1 One site reports that student loan debt in the United States totals $1.73 trillion, across 43.2 million borrowers, and the debt is growing6...

View Article

Members

Small Business Chapter 11 Update, Where Are We Eight Months In?

November 22, 2020

By M. Jonathan Hayes We are now eight months into the Small Business Reorganization Act of 2019, which took effect in February. The act attempted to establish a cheaper, quicker route for small businesses to reorganize under new Subchapter V of the bankruptcy code. Here are a few of my observations over the past several months. First, some small businesses...

View Article

Ask Ms. Ps and Qs

March 15, 2020

By Professor Nancy Rapoport, University of Nevada Dear Readers: The marvelous, indefatigable Regina Logsdon just forwarded me this hypothetical: Post-confirmation, debtor/client gets upset with attorney. Let’s assume for this scenario that the attorney hasn’t done anything wrong – perhaps just a difference of opinion on a plan modification (or not). Debtor/client says ugly things to attorney – name-calling, etc. THEN...

View Article

Members

Ask Ms. Ps & Qs

September 27, 2020

By Professor Nancy Rapoport Dear Readers: The Academy staff has raised an important issue: Given the mental health issues associated with the pandemic, what should someone do when he or she sees a colleague lawyer in distress? Before we get to the ethics implications, let’s talk about the mental health issue itself. When people are under great stress, they try...

View Article

Members

Forced Vesting by Any Other Name – Just Might Work

August 4, 2019

By Academy Staff Those who have been around consumer bankruptcy for a while remember the halcyon days when a Debtor surrendered property in the Plan; Plan was confirmed; lender would foreclosure and file its deficiency claim; Debtor would complete the Plan; and obtain a discharge of all unsecured debts including the deficiency balance. Lenders were able to realize on the...

View Article

Members

Turnover by Motion? How About Under Rule 6008?

February 28, 2021

By Joseph A. Bledsoe, III (“Jody”), Chapter 13 Standing Trustee for the Eastern District of North Carolina (New Bern) In the aftermath of City of Chicago v. Fulton, discussions abound as to whether it is sufficient for a chapter 13 debtor to seek return of his vehicle, repossessed prepetition, via a motion for turnover. Most seem to believe a motion...

View Article

Members

Critical Case Comment – Frontloading Attorney’s Fees

Henry E. Hildebrand, III

August 6, 2023

Nothing prohibits the confirmation of a Chapter 13 plan which frontloads the payment of attorney’s fees ahead of payments to secured and other creditors.

View Article

Members

Property Flippers Beware!

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

William E. Heitkamp (44)

Ask Ms. Ps & Qs

Who Is the Person Sitting at That Workstation? Contractor? Employee? Exempt?

For Whom Does the Bell Toll?

Small Business Chapter 11 Update, Where Are We Eight Months In?

Ask Ms. Ps and Qs

Ask Ms. Ps & Qs

Forced Vesting by Any Other Name – Just Might Work

Turnover by Motion? How About Under Rule 6008?

Critical Case Comment – Frontloading Attorney’s Fees

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: