Ask Ms. Ps & Qs

By Professor Nancy Rapoport

Dear Readers:

In addition to wishing all of you a healthy and happy New Year, this season is also one in which we can show our gratitude for our many blessings. I’m grateful, of course, for family and friends, for a job that I love, and for the opportunity to be able to chat with all of you from afar about ethics issues.

And this month, I’m grateful for the fact that I have a question (well, a series of questions) to answer:

To what extent must . . .

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Vesting of Property in the Debtor Cuts Off Creditor’s Rights, Ninth Circuit Says

January 26, 2020

By Cathy Moran, Esq. (Redwood City, CA) Clouds of uncertainty have hovered over Chapter 13 debtors who find that they need to sell appreciated property before the case is over. Does appreciation occurring after filing go to creditors on the theory that the appreciation is property of the estate? Or does the vesting of property at confirmation entitle the debtor...

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Critical Case Comment – How Much Is It Worth – Then/Now?

Henry E. Hildebrand, III

January 22, 2023

On a trustee’s motion to modify a confirmed Chapter 13 plan, Court required debtor to commit funds to unsecured creditors based upon the previously undisclosed equity generated from post-petition sale of property. (Warren) In re Croniser, 2022 WL 3639413 (Bankr. E.D. N.C. August 23, 2022) Case Summary Duane Croniser filed a voluntary petition under Chapter 13 in January of 2020....

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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...

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Escrow 102 – Part 4 of 4

October 17, 2021

By Michael J. McCormick, Esq., McCalla Raymer Leibert Pierce, LLC (Roswell, GA) Escrow 101 - Part 1 Escrow 101 - Part 2 Escrow 101 - Part 3 Escrow 102 - Part 1

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Just the Facts, Ma’am – Consolidated Appropriations Act, December 27, 2020

January 10, 2021

By The Honorable William Houston Brown (Retired) This legislation includes several bankruptcy-related provisions, in addition to government funding and other COVID relief. Consumer bankruptcy issues are addressed in Title X of the Act, section 1001, which amends Bankruptcy Code § 541(b)’s exclusions from property of the estate, adding subsection 11 for certain coronavirus relief, defined as “recovery rebates made under...

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Welfare Debt – A Study

Edward C. Boltz

October 6, 2024

“The government is owed this debt through a welfare cost recovery system which requires custodial parents that file for welfare benefits to pursue child support from noncustodial parents and assign those rights to the government.”

Of Tax Refunds, Exemptions, Setoffs, and Roman Gods

April 18, 2021

By Herbert L. Beskin, Chapter 13 Standing Trustee for the Western District of Virginia (Charlottesville) If you’re looking for a well-written and clear appellate opinion about a much-litigated topic, with a bit of ancient mythology thrown in for good measure, this HUD’s for you. The case is Wood v. U.S. Dept. of Housing & Urban Development (In re Larry and...

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The Smart Way to Cut Out the IRS

July 19, 2020

By Cathy Moran, Esq. (Redwood City, CA) Like so much in life, it’s all about timing. I revisited an older post here about delaying the filing of a bankruptcy til the New Year when the debtor expects to owe taxes in April. A Chapter 13 filed in January can include and pay the taxes associated with the tax year ending...

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Reflections from Boston

Dynele Schinker-Kuharich

July 14, 2024

“Attending the NACTT Annual Seminar provided the opportunity to catch up with Chapter 13 colleagues from around the country who are quickly becoming good friends; and to build relationships with colleagues who have recently joined our niche’ of the bankruptcy field.”

Kristina Stanger and Jessica Hopton Youngberg

November 3, 2019

Kristina Stanger is an attorney and shareholder at Iowa’s Nyemaster Goode, P.C. She is also a combat-experienced Lieutenant Colonel in the Iowa Army National Guard. She is currently one of Iowa’s highest ranking females and is the Chief of Plans and Operations for the Iowa Army National Guard. Jessica Hopton Youngberg is Senior Staff Attorney for Veterans Legal Services in...

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Related Articles

Vesting of Property in the Debtor Cuts Off Creditor’s Rights, Ninth Circuit Says

Critical Case Comment – How Much Is It Worth – Then/Now?

Forced Vesting by Any Other Name – Just Might Work

Escrow 102 – Part 4 of 4

Just the Facts, Ma’am – Consolidated Appropriations Act, December 27, 2020

Welfare Debt – A Study

Of Tax Refunds, Exemptions, Setoffs, and Roman Gods

The Smart Way to Cut Out the IRS

Reflections from Boston

Kristina Stanger and Jessica Hopton Youngberg

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