No Easy Answers for the Supreme Court: Jevic Pits the Bankruptcy Code Against the Law of Unintended Consequences

By Lawrence R. Ahern, III, Brown & Ahern (Nashville, Tennessee)

On December 7, the Supreme Court heard arguments in Czyzewski v. Jevic Holding Co., 787 F.3d 173 (3d Cir. 2016), cert. granted, 136 S. Ct. 2541 (2016). At issue was whether a bankruptcy court may authorize, in a "structured dismissal," the distribution of settlement proceeds in a manner that violates the statutory priority scheme. The Bankruptcy Court for the District of Delaware approved a settlement that resulted in the structured dismissal of a Chapter 11 case. The district court and Court of Appeals for the Third . . .

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ABI Commission on Consumer Bankruptcy – Recommendations Related to Exemptions

August 11, 2019

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN) Exemptions in consumer cases have always presented difficult problems for practitioners and trustees. In a bow to states’ rights, the Bankruptcy Act of 1898 deferred to exemptions created by state law. When BAPCPA was enacted in 2005, Congress continued the practice of allowing each state to “opt out” of...

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Conflicting Interpretations: A Chapter 13 Trustee’s Compensation After Pre-Confirmation Dismissal or Conversion*Part 1 of 3

Brittani Bushman

January 30, 2022

(Used with expressed permission from the MI Bankruptcy Journal and the Steven W. Rhodes Consumer Bankruptcy Conference) I. Introduction Although the Bankruptcy Code has been around for decades, bankruptcy courts continue to be faced with significant disputes regarding the interpretation of its provisions. An emerging issue that has gained traction in recent years involves the compensation of a chapter 13...

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Reconversion to Chapter 13 – Betwixt and Between?

Michael B. Joseph

December 29, 2024

From January: “Is it possible to voluntarily convert a chapter 13 case to chapter 7, and later reconvert back to chapter 13? There is a split of authority on whether this maneuver is allowed.”

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Bankruptcy Threshold Adjustment and Technical Corrections Act

Henry E. Hildebrand, III

June 12, 2022

A new day is coming to high debt borrowers seeking to file Chapter 13 but confounded by the debt limits imposed by 11 U.S.C. § 109(e). Although debt limits have been increasing since the effective date of the Code in 1979, consumer debts have been increasing at a far more rapid rate. Starting in 2009, when the housing crisis first...

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Five More Things Debtors Should Know About the SBRA – Part VIII

February 16, 2020

By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN) Introduction This series has focused on the four bankruptcy-related bills that were enacted during the 116th Congress and signed into law on August 23, 2019. One bill, the Small Business Reorganization Act of 2019 (SBRA), will be effective February 19, 2020. It appears in its entirety in Appendix B to...

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Critical Case Comment – Debtor Refuses to Give Location of Surrendered Mercedes; Pleads the Fifth

Henry E. Hildebrand, III

December 26, 2021

Where a Chapter 7 debtor fails to disclose the location of his Mercedes which he intended to surrender, fails to produce documents relating to the ownership of his property, and invokes his Fifth Amendment rights against self-incrimination, the Court appropriately denied the debtor a discharge. (Preston) In re Appleby, 2021 WL 5121854 (Bankr. S.D. Ohio, Nov. 3, 2021) Case Summary...

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Summer Intern Unveils Demographic Breakdown of U.S. Federal Judicial Districts

Sadie Mehr

September 8, 2024

Sadie Mehr, summer intern for the Chapter 13 Standing Trustee for the District of South Carolina, extrapolated the U.S. Census data and organized it into a spreadsheet.

LLC’s and Chapter 13

The NACTT Emeritus Trustees

August 25, 2024

As a follow up to No Gracie, LLCs May Not File Chapter 13, we posed some questions to the NACTT Emeritus Trustees group. We think you will find their answers interesting and thought provoking.

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Tips and Traps: Issuing A Subpoena for Bank Records

March 10, 2019

By Beverly M. Burden, Chapter 13 Trustee (Lexington, KY) I recently had to issue subpoenas to banks to get the records of a non-debtor (long story involving an attorney’s mishandling of escrowed funds held on behalf of a chapter 13 debtor). Here are some tips for others like me who do not often need to use subpoenas. These tips apply...

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Is Your Law Practice Evolving to Incorporate New Technology

October 3, 2021

By Jay Fleischman, Managing Attorney at Money Wise Law (Los Angeles, CA) When the world was forced to adjust to new routines in March 2020 due to the global pandemic, I was instantly struck by how little my professional life changed. I’d worked remotely for over a decade, and my systems and procedures didn’t change. Sadly, the same couldn’t be...

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