Unresolved Issues

By Beverly M. Burden, Chapter 13 Trustee (Lexington, KY) and Lawrence R. Ahern III, Brown & Ahern (Nashville, TN)

Summary

In Part V of this series, we described elements common to all local form plans and the national plan, and we pointed out that some uniformity is achieved through requirements imposed by the amended rules. In this final article, we discuss two unresolved issues that will continue to be governed by local practice, rules, and judicial . . .

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The Neglected Non-Dischargeability Provision

Cathy Moran

June 11, 2023

Hands up everyone who has encountered a claim that a debt is non-dischargeable by reason of § 523(a)(14). That’s what I thought: nada, or next thing to it. Despite watching for it, I hadn’t seen one ‘til this year when AmEx filed an adversary in a case in which I was peripherally involved. My copy of Collier’s code doesn’t comment...

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Interspousal Claims Live On and On and On

Cathy Moran

April 21, 2024

Even when the contentions against a debtor spouse sound in fraud, breach of fiduciary duty, or intentional tort, the claims of the debtor’s spouse survive a Chapter 7 discharge.

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Supreme Court to Consider Judicial Estoppel

M. Jonathan Hayes

November 9, 2025

Last month, the Supreme Court granted cert agreeing to consider the issue of judicial estoppel arising in a Chapter 13 case.

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Chapter 13 Trustee Duties, Powers, And Limitations – Part 6

November 8, 2020

By James J. Robinson, Chief United States Bankruptcy Judge, Northern District of Alabama When do the trustee’s duties end, and who gets the money? Harris v. Viegelahn, 135 S. Ct. 1829 (2015). This opinion of the unanimous Court requires the trustee to return to the debtor undistributed plan payments—originating from wages earned postpetition—on hand at a good-faith, post-confirmation conversion rather...

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Critical Case Comment – What About a Zero Value Junior Lien?

Henry E. Hildebrand, III

November 5, 2023

Bankruptcy Court has authority to compel implementation of a confirmed Chapter 13 plan which, at its end required the release of a junior lien which had been given no value; attorney’s fees would be awarded to debtors’ counsel for pursuing the release.

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Under the Radar: Evidence of Prohibited Vehicle-Title Loans Made in 23 States – A Study

Edward C. Boltz

February 9, 2025

Ed provides a synopsis and compelling commentary on this study by the Center for Responsible Lending, which may be of particular interest to trustees.

Objections to Claims: Two of These Creditors Are Not Like the Others [1]

June 13, 2021

By Daniel M. Tavera, Law Clerk to the Honorable John P. Gustafson, U.S. Bankruptcy Court for the Northern District of Ohio (Toledo) Objections to claims may generally be served on the claimant by first-class mail to the person designated to receive notices on the most recent proof of claim for the creditor. This simplifies the service for claim objections for...

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Updated PACER Multifactor Authentication Notice

The Academy

September 28, 2025

UPDATE-PUBLIC NOTICE: Multifactor Authentication and Updated Password Standards for PACER and CM/ECF Starting mid-May, the Administrative Office of the U.S. Courts (AO) began enforcing several security features for PACER which included multifactor authentication (MFA) and updated password standards. However, since implementing these security features, PACER Service Center (PSC) has experienced extremely long call wait times due to the enforcement of these...

Postpetition Borrowing by a Consumer Debtor in Chapter 13 – Part 2 of 2

May 12, 2019

By Judge Michael A. Fagone & Career Law Clerk Ciera S. Dye III. Policy Considerations Where the statute does not provide definitive guidance, courts often turn to policy considerations. How do those considerations weigh out here? One answer is that policy considerations cut against imposing any sort of requirement of preapproval for postpetition borrowing by a consumer debtor. Several reasons...

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Analyzing the Troubled Chapter 13 During COVID19

May 3, 2020

By Cathy Moran, Esq. (Redwood City, CA) After the pandemic, when the economy lurches back into motion, bankruptcy lawyers will confront a clutch of troubled Chapter 13 cases. In the face of disruption, distress, and the unknown, we'll be called on to guide clients forward, in one direction or another. Let's review the questions we'll need to answer in order...

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Unresolved Issues

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Related Articles

The Neglected Non-Dischargeability Provision

Interspousal Claims Live On and On and On

Supreme Court to Consider Judicial Estoppel

Chapter 13 Trustee Duties, Powers, And Limitations – Part 6

Critical Case Comment – What About a Zero Value Junior Lien?

Under the Radar: Evidence of Prohibited Vehicle-Title Loans Made in 23 States – A Study

Objections to Claims: Two of These Creditors Are Not Like the Others [1]

Updated PACER Multifactor Authentication Notice

Postpetition Borrowing by a Consumer Debtor in Chapter 13 – Part 2 of 2

Analyzing the Troubled Chapter 13 During COVID19

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