Ask Ms. Ps & Qs

By Professor Nancy Rapoport

Dear Readers:

Here’s an interesting case from Idaho involving payment for a chapter 7 case. The law firm filed the petition, not the schedules or related documents, on August 24, 2016, about a month after the debtor retained the firm. The firm also filed a petition to pay the case filing fee in two installments, which the Court granted. The rest of the debtor’s necessary documents were filed on September 7, 2016, and the debtor paid the first half of the case filing fee on September 23, 2016.

Unfortunately, the debtor fell . . .

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Justifying Reasonable Document Requests

November 7, 2021

By Sean G. O'Hair, Staff Attorney to Chapter 13 Standing Trustee Nancy Curry (Los Angeles, CA) Recent changes to the Handbook for Chapter 13 Standing Trustees promise to bring renewed scrutinyto the reasonableness of document requests by a chapter 13 trustee for documents that are not otherwise required to be provided by law.1 The basic idea appears to be that...

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A Confirmed Plan with a Marijuana Wrinkle

May 19, 2019

By Gretchen D. Holland, Standing Chapter 13 Trustee for the Greenville/Spartanburg Division of South Carolina Although this is a chapter 11 case, it has chapter 13 implications because the confirmation requirement that a plan be “proposed in good faith and not by any means forbidden by law” is identical in both chapters (§ 1129(a)(3) and § 1325(a)(3)). Garvin v. Cook...

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In the Trenches: Secrets to Settlement – Competency in the Courtroom Part 2 of 3

June 16, 2019

By Jan Hamilton, Chapter 13 Trustee (Topeka, KS) Click here for Part 1 of 3 8. Early Preparation for Trial As suggested, the best way to settle a case is to be willing to try that case, which means you must prepare from the get go. That preparation begins a long time before the eve of trial, namely, at the...

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From the Editor

September 20, 2020

By The Honorable William Houston Brown (Retired) Chapter 13 debtor lacked “person aggrieved” standing to appeal objection to trustee’s final report. The bankruptcy court had overruled the debtor’s objection to the trustee’s final report, and debtor’s appeal was dismissed, with the Bankruptcy Appellate Panel finding that debtor lacked “person aggrieved” standing to appeal. Debtor’s objection had not included amount of...

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We Love You Dan (“Stingray”) Brunner!!

October 1, 2023

Dan grew up in Spokane, Washington, and graduated from Gonzaga University in 1966 with a BA in political science. After finishing his undergraduate degree, Dan entered active duty in the United States Army. He was stationed in Korea from 1967 to 1968 where he commanded a HAWK missile battery. Dan retired from the United States Army in 1994 with the...

Escrow 101 – Part 2 of 3

September 12, 2021

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

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Claims: Transfers, Address Changes, and Payee Switches – Oh My!

The NACTT Emeritus Trustees

April 30, 2023

In any given year Chapter 13 Trustees administer 400,000 to 500,000 cases and distribute almost $5 billion to creditors. A critical duty for trustees is to be sure that distributions are correctly delivered to an allowed claimant. 11 USC § 501 governs the filing of a proof of claim and 11 USC § 502 sets forth the requirements for allowance...

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Critical Case Comment – No POC, No Money

Henry E. Hildebrand, III

April 30, 2023

A secured creditor would not be granted relief from the stay because the motion was based on the creditor’s failure to file a timely proof of claim. (Grant) In re Flores, 2023 WL 2787514 (Bankr. N.D. Ind. March 8, 2023) Case Summary Mr. Flores filed a petition under Chapter 13 proposing to pay Gaeta Auto Sales in full, with interest,via...

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What, Exactly, Is the Trustee’s Percentage Fee

Rebecca Herr

April 23, 2023

In recent years, a handful of cases have discussed the issue of what happens to the trustee’s percentage fee, collected from debtor plan payments, upon the dismissal or conversion of a case prior to confirmation. This is an emerging area of law, with decisions on both sides. However, with this new issue, there appears to be at least some confusion...

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Duty to Update Trustee Regarding Changes Post-Plan Confirmation

Daryl J. Smith

April 23, 2023

Is there a duty to inform the trustee about changes post-plan confirmation? Yes. There is an inherent duty for the consumer debtor to update the trustee on any and all material changes, particularly windfalls, post plan confirmation. In a very recent case, In Re Robinson, the United States Trustee moved to dismiss debtor’s chapter 13 case because the debtor received...

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Related Articles

Justifying Reasonable Document Requests

A Confirmed Plan with a Marijuana Wrinkle

In the Trenches: Secrets to Settlement – Competency in the Courtroom Part 2 of 3

From the Editor

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Claims: Transfers, Address Changes, and Payee Switches – Oh My!

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