US Bank NA v. The Village at Lakeridge, LLC (In re The Village at Lakeridge, LLC), 814 F. 3d, 993 (9th Cir. Feb, 2016)

By M. Jonathan Hayes, Simon Resnik Hayes LLP (Sherman Oaks, CA)

Issue: When an insider sells its claim, is the buyer treated as an insider for chapter 11 voting purposes? Was the transfer of the claim here in bad faith?

Holding: No. As to bad faith, the bankruptcy court said no and the BAP and the 9th circuit said there was no clear error. The dissent says the bad faith is pretty obvious (which seems right to me).

Appeal from the BAP

Judge Mike Nakagawa, District of Nevada

Opinion by Judge N.R. Smith; Partial Concurrence and Partial . . .

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Tips and Traps: Issuing A Subpoena for Bank Records

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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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Percentage fees collected by a Chapter 13 trustee prior to confirmation of a Chapter 13 plan must be returned to the debtor by the trustee if Chapter 13 plan is not confirmed. (Ebel) Goodman v. Doll, 2023 WL 216778 (10th Cir. January 18, 2023) Case Summary Daniel Doll filed Chapter 13 in November of 2017. The debtor complied with 11...

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In the fall of 2021, Michael McCormick provided subscribers with an EXCELLENT, expository, seven-part outline on mortgage escrow. This information is just as relevant today as when we first published it with one important update . . . When the next escrow analysis is performed and the servicer has received less than 12 payments of escrow (and often zero, as is often the case after the borrower received a forbearance during the COVID pandemic), the escrow balance will be far less than anticipated!!

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By Mary Beth Ausbrooks, Rothschild & Ausbrooks PLLC (Nashville, TN) With the prolonged decline in case filings, I found that sending a mass emailed newsletter has been very beneficial. In order to send a mass email to a group of people, it was necessary to find software that would send the emails out in such a fashion that the email...

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While administering cases, Chapter 13 Trustees should carefully exercise their prosecutorial discretion. Trustee discretion is a powerful tool. It should be used wisely and consistently. Trustees should have office policies in place fort heir attorneys and office staff. What matters involve discretion? The UST Chapter 13 Handbook describes some: We asked the NACTT Emeritus Trustees for their thoughts and examples...

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“Perhaps the most obvious problem with this instructional language is that it refers to outdated services.”

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Waiting too long can be fatal; a Chapter 13 debtor who waits until just before the expiration of the redemption date on a judicial foreclosure loses the ability to redeem the property.

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Can a Secured Claim Still “Ride-Through” Bankruptcy Despite BAPCPA? Part 2: Looking Beyond In re Rhodes

Lawrence R. Ahern, III

February 27, 2022

Background A recent Chapter 7 case out of the Bankruptcy Court for the Southern District of California, In re Rhodes,1 addressed reaffirmation in a context that should be of interest to debtor's attorneys. As explained in Part 1, Rhodes points out that the "ride-through" of a debtor's secured debt after a Chapter 7 — which Congress . . . It...

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Meet Michael Koch – Newish Trustee

The Academy

February 8, 2026

“My office philosophy is to treat all parties with respect and keep it professional, never personal. I know and try to remember we are serving people that can be under serious stress.”

US Bank NA v. The Village at Lakeridge, LLC (In re The Village at Lakeridge, LLC), 814 F. 3d, 993 (9th Cir. Feb, 2016)

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Related Articles

Tips and Traps: Issuing A Subpoena for Bank Records

Critical Case Comment – Free Parking

Escrow 101 and 102

The Smart Way to Cut Out the IRS

Are Monthly Newsletters to Clients Beneficial? Heck Yeah!

Chapter 13 Trustees Prosecutorial Discretion

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

Foreclosed and Final – Did the BAP Get It Right?

Can a Secured Claim Still “Ride-Through” Bankruptcy Despite BAPCPA? Part 2: Looking Beyond In re Rhodes

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