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 . . .

It looks like you are not signed in or registered! This content is only available to members.

Or sign in below:

No Author Biography has been linked to this Article.

Ninth Circuit BAP Says§ 523(a)(15) Includes §§ 523(a)(2), (4) and (6) in Chapter 7

M. Jonathan Hayes

January 28, 2024

Does § 523(a)(15) include claims by a spouse against the other spouse for fraud etc, i.e., §§ 523(a)(2), (4) and (6), in a chapter 7 case?

Members

Critical Case Comment – Punitive Damages? Yep.

Henry E. Hildebrand, III

March 10, 2024

Punitive damages can be awarded for a violation of Rule 3002.1 even where there are no compensatory damages, other than attorney’s fees.

Members

From the Editor

September 20, 2020

By The Honorable William Houston Brown (Retired) Three-month delay in completing bare-bones petition. When the Chapter 13 debtor filed a skeletal petition, her motion for more time to complete schedules, statement and plan was denied, with no cause found for extending time after three-month delay, and show cause hearing was set to determine if case should be dismissed with 180-day...

Members

Lien Avoidance, Pre-Existing Liens and Notice

Robert G. Drummond

October 20, 2024

“Can a Debtor avoid a lien when a creditor holds a secured position that preceded the Debtor’s ownership interest . . . ? Judge Michelle Harner, . . . recently addressed this issue.

Members

Critical Case Comment – Debtor Bears Burden of Proof to Be Ones Own Disbursing Agent

Henry E. Hildebrand, III

January 21, 2024

There is a presumption that the trustee will make disbursements under a confirmed Chapter 13 plan and the debtor bears the burden of demonstrating sufficient grounds to justify acting as her own disbursing agent.

Members

Use All Channels to Educate Bankruptcy Debtors

Cathy Moran

March 3, 2024

The skills of a consumer bankruptcy lawyer must include a healthy dose of the skillset of a teacher. More on listening/communicating with Clients: Who Is Stupid Here? Why Listening Is a Bankruptcy Lawyer’s Superpower

Members

The Means Test Allows Health Care Before Creditors

Cathy Moran

February 15, 2026

Health insurance is an allowable means test deduction, even if the debtor doesn’t currently have health insurance.

Members

First Circuit Selects Clerk of BAP

The Academy

May 25, 2025

Arielle B. Adler Selected as Clerk of the Bankruptcy Appellate Panel

Chapter 13 Trustee Duties, Powers, And Limitations – Part 4

October 25, 2020

By James J. Robinson, Chief United States Bankruptcy Judge, Northern District of Alabama Exactly whose interests does the trustee represent, and when should the trustee object or move to modify? Hope v. Acorn Financial, Inc., 731 F.3d 1189 (11th Cir. 2013). The Eleventh Circuit held that a chapter 13 trustee who was aware of defects with a secured claim before...

Members

Ask Ms. Ps & Qs

September 27, 2020

By Professor Nancy Rapoport Dear Readers: The Academy staff has raised an important issue: Given the mental health issues associated with the pandemic, what should someone do when he or she sees a colleague lawyer in distress? Before we get to the ethics implications, let’s talk about the mental health issue itself. When people are under great stress, they try...

Members

Unresolved Issues

Link to Post:

It looks like you are not signed in or registered! This content is only available to members.

Or sign in below:

Related Articles

Ninth Circuit BAP Says§ 523(a)(15) Includes §§ 523(a)(2), (4) and (6) in Chapter 7

Critical Case Comment – Punitive Damages? Yep.

From the Editor

Lien Avoidance, Pre-Existing Liens and Notice

Critical Case Comment – Debtor Bears Burden of Proof to Be Ones Own Disbursing Agent

Use All Channels to Educate Bankruptcy Debtors

The Means Test Allows Health Care Before Creditors

First Circuit Selects Clerk of BAP

Chapter 13 Trustee Duties, Powers, And Limitations – Part 4

Ask Ms. Ps & Qs

Academy

Members

Website

Legal

Looking to Become a Member?

Webinars

Member Articles

Industry News

To get started, please let us know which of these best fits your current position: