A Look at Chapter 13 Exit Strategy – When the Debtor Cannot Survive a Motion to Dismiss for Non-payment

By Hon. Rebecca B. Connelly with Attorney Edward Boltz and Chapter 13 Trustee Kathy Dockery

Life happens. Many chapter 13 debtors incur a job loss or other adversity during their case that simply cannot be remedied. Recently, at the annual meeting of the National Conference of Bankruptcy Judges, I along with debtor attorney Edward Boltz and Chapter 13 Trustee Kathy Dockery, examined whether a chapter 13 debtor who cannot defend a motion to dismiss for non-payment or modify his plan to enable completion, may otherwise strategically exit chapter 13. Our conclusion: yes. Chapter 13 debtors have many . . .

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IRS Warns of Impersonation Email Scam; Reminds Taxpayers IRS Does Not Send Unsolicited Emails

August 25, 2019

On 8/22/19 the IRSe and its Security Summit partners warned taxpayers and tax professionals about a new IRS impersonation scam campaign spreading nationally on email. Remember: the IRS does not send unsolicited emails and never emails taxpayers about the status of refunds. The IRS detected this new scam as taxpayers began notifying [email protected] about unsolicited emails from IRS imposters. The...

Borrowing Time from Rule 4004

Cathy Moran

March 22, 2026

Some of Attorney Moran’s very best practice tips come right off the corner of her desk - that case which required extra creativity or, perhaps, extra time before discharge. But do debtors have any power over that timing?

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Chapter 7 Trustee Compensation for Uncovered Equity

Henry E. Hildebrand, III

July 21, 2024

When a Chapter 7 trustee discovers non-exempt, undisclosed equity in the debtor’s property, the Chapter 7 trustee is entitled to be compensated in the case based upon the hours actually performed by the trustee in a lodestar method as an administrative expense when the case is converted to Chapter 13.

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By the Numbers from Judge Anderson

Kevin R. Anderson

April 12, 2026

Judge Anderson presents Academy subscribers with his analysis of Chapter 13 filing trends and broader economic conditions for the first quarter of 2026. Those already familiar with his work will appreciate his latest insights, while new readers will quickly recognize his exceptional ability to interpret and distill complex data into meaningful conclusions.

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Listening as the First Principle of Civility

Scott C. Clarkson

December 7, 2025

“Listening, in this sense, is not passive reception. It is an act of intellectual humility, of openness to persuasion.”

How Late Is Too Late to Object to a Proof of Claim?

Robert G. Drummond

May 18, 2025

A resource you are probably going to want to hang onto. Here, Trustee Drummond, offers readers a concise look at the doctrine of laches and answers how late is too late.

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Courts Continue to Fill in the Gaps on the Interplay of Bankruptcy and the FDCPA

March 7, 2021

By Chris Hawkins, Bradley Arant Boult Cummings LLP (Birmingham, AL) The Consumer Financial Protection Bureau (CFPB) published its debt collection final rule in the Federal Register on November 30, 2020, revamping the Fair Debt Collection Practices Act (FDCPA) for the first time since its enactment in 1977. Despite written comments submitted by several industry groups requesting clarity in areas where...

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Recent Trends in the Interpretation of Midland v. Johnson and the Applicability of the FDCPA to Bankruptcy Cases

January 3, 2021

By Mark C. Leffler, Boleman Law Firm, PC (Richmond, Hampton, and Va. Beach, VA) Part I: Derby v. Portfolio Recovery Associates Recently, Hon. Keith L. Phillips of the Eastern District of Virginia Bankruptcy Court issued his fourth and final written opinion in the Derby v. Portfolio Recovery Associates adversary proceeding, Adv. Pro. No. 18-03097-KLP, 2020 Bankr. LEXIS 2589 (Bankr. E.D.Va....

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Are Your Loyalties Divided?

August 22, 2021

By Cathy Moran, Esq., (Redwood City, CA) When a married couple books a bankruptcy consultation, you have an immediate problem: There be dragons, as early map makers helpfully provided. Because, as a lawyer friend of mine says: Anytime there are two people sitting across from you, you have a conflict of interest. That pithy expression has stuck with me and...

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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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A Look at Chapter 13 Exit Strategy – When the Debtor Cannot Survive a Motion to Dismiss for Non-payment

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Related Articles

IRS Warns of Impersonation Email Scam; Reminds Taxpayers IRS Does Not Send Unsolicited Emails

Borrowing Time from Rule 4004

Chapter 7 Trustee Compensation for Uncovered Equity

By the Numbers from Judge Anderson

Listening as the First Principle of Civility

How Late Is Too Late to Object to a Proof of Claim?

Courts Continue to Fill in the Gaps on the Interplay of Bankruptcy and the FDCPA

Recent Trends in the Interpretation of Midland v. Johnson and the Applicability of the FDCPA to Bankruptcy Cases

Are Your Loyalties Divided?

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

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