Ask Ms. Ps & Qs

By Professor Nancy Rapoport

Dear Readers:

You know that you’re about to read an in-depth sanctions opinion when the first two paragraphs read:

Frustration and disappointment.

I cannot go into the factual and legal discussion of the above cases without experiencing frustration and disappointment upon the conduct of counsel for the debtors in the above cases. When I was an attorney, I would have flinched if I thought I missed a single deadline. I would melt if I even came close to doing something that might have caused a client's . . .

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Bankruptcy Rules, New and Proposed

James M. Davis

December 8, 2024

The amendments to the Bankruptcy Rules that took effect on December 1, 2024, are primarily stylistic, but they do include a few substantive changes. More controversial changes are in the pipeline for December 2025, however, with significant changes to Rule 3002.1 proposed.

Members

Taxpayers with Expiring ITINs Should Renew Them Now

August 18, 2019

Taxpayers with expiring individual taxpayer identification numbers should renew their number ASAP. There are nearly 2 million ITINs set to expire at the end of 2019. Taxpayers with an expiring number should renew before the end of this year. This will help avoid unnecessary delays related to their tax refunds next year. ITINs are used by taxpayers required to file...

Weighted Caseload: Why It Matters and How It Works and Doesn’t Work

Honorable Brian D. Lynch

December 31, 2023

“Currently, if a district’s weighted caseload is below one-thousand per the number of judges in that district . . . in all probability, recommend that the circuit not replace the judge.”

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Meet a Brand Spankin’ New Trustee

The Academy

August 7, 2022

William F. Jaworski, Jr. - Bill - was appointed Chapter 13 Standing Trustee for the District of Delaware on April 1, 2022. Jaworski has very large shoes to fill as he is taking over for Michael Joseph upon his well-deserved retirement. Jaworski was born and raised in Buffalo, New York. As a hometown boy, he didn’t venture too far away...

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Applying the Principles of “Lady Justice”

Beverly M. Burden

June 16, 2024

“I recently had the opportunity to consider the symbolism of the well-known “Lady Justice” emblem or statue and pondered how the principles attributed to that icon apply to our present bankruptcy system.”

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Meet the First Black Woman to Serve as Chief Judge for Federal Bankruptcy Court in Cleveland

The Academy

February 4, 2024

February is Black History Month and it’s a time to recognize the past but also honor those who are achieving great things today.

The Means Test Income

Cathy Moran

April 14, 2024

Many really good questions were generated by our recent Means Test webinars. Attached is a Q & A exchange on one such question regarding the 6-month commitment period.

Members

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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Form 1099G – How to Fight Back Against Scams

February 21, 2021

By William J. Purdy III (Soquel, CA) Got an EDD tax form 1099 but no benefits? At this moment, POTENTIALLY hundreds of thousands of California taxpayers are enjoying the ghastly experience of receiving a Form 1099G courtesy of the California EDD for unemployment benefits the taxpayer never received. The problem is not confined to California; it’s so prevalent, the IRS...

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Crime Does Pay in Bankruptcy

Daryl J. Smith

September 15, 2024

The statutes and case law surrounding bankruptcy and criminal debts involve nuanced distinctions and rigorous proof requirements. Trustee Smith brings ConsiderChapter13.org readers insight into what is and what is not dischargeable.

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Related Articles

Bankruptcy Rules, New and Proposed

Taxpayers with Expiring ITINs Should Renew Them Now

Weighted Caseload: Why It Matters and How It Works and Doesn’t Work

Meet a Brand Spankin’ New Trustee

Applying the Principles of “Lady Justice”

Meet the First Black Woman to Serve as Chief Judge for Federal Bankruptcy Court in Cleveland

The Means Test Income

Of Tax Refunds, Exemptions, Setoffs, and Roman Gods

Form 1099G – How to Fight Back Against Scams

Crime Does Pay in Bankruptcy

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