Ask Ms. Ps & Qs

By Professor Nancy Rapoport

Dear Readers:

What do you get when you cross an astonishing fact pattern with a judge with a feel for the power of the written word? You get Sundquist v. Bank of America (In re Sundquist), United States Bankruptcy Court for the Eastern District of California, Case No. 1035624 (Nov. 15, 2017)—a cautionary tale if ever there was one.

As always, it’s easy to know when an opinion is going to involve some juicy facts when this is the first sentence: “This Motion to Expunge an attorneys' fee lien asserted . . .

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When Wishes Come True

September 19, 2021

By Helen M. Morris, Chapter 13 Standing Trustee for the Northern and Southern Districts of West Virginia Like most trustees, my case load is down, and I’ve been actively encouraging new filings. Perhaps too enthusiastically as certain new cases reflect. A bankruptcy filer who has been dormant for months filed a new case recently. Schedule A is clearly marked with...

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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.

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Surrender of Collateral in a Plan- What Is the Court to Do if the Debtor Doesn’t Follow Through?

June 2, 2019

By Tammy E. Stickley and Francis J. DiCesare, Staff Attorneys for Margaret A. Burks, Esq. Chapter 13 Standing Trustee (Cincinnati, OH) In a media age in which people expect to be told when “spoilers” are ahead, this summary needs no such warning. Courts have little patience for debtors who surrender collateral – especially real estate – then oppose the foreclosure...

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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...

Character Counts

Merideth Akers

November 6, 2022

“Does wearing these horizontal stripes make me look fat?” My wife, Becky, tells me that clothes with horizontal stripes make one look broad or fat. However, wearing clothes with vertical stripes create the illusion of making one look tall or slim. Smart fashion designers design clothing that creates the illusion that people are something they are not. I must confess...

Post-Petition Causes of Action, Inheritances and Windfalls Are Property of the Estate and Must Be Reported to the Trustee – Part 5 of 5

August 11, 2019

By John P. Gustafson, United States Bankruptcy Judge, Northern District of Ohio, Western Division Click here for Part 1 Click here for Part 2

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If You’re Gonna Bet the Farm, Maybe Play Against the House

Danielle N. Gueck-Townsend

January 30, 2022

Gambling is inherently risky, but that rings even more true when a bankruptcy is involved. Section 727(a)(5) allows for denial of discharge if “the debtor has failed to explain satisfactorily, …. any loss of assets or deficiency of assets to meet the debtor’s liabilities.” 11 U.S.C. §727(a)(5). Recently, Bankruptcy Judge Timothy A. Barnes in Chicago wrote an opinion in which...

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CFPB Settles with Student CU Connect CUSO Over ITT Private Loan Program

June 16, 2019

On 6/14/19, the CFPB (Bureau) announced a settlement with Student CU Connect CUSO, LLC (CUSO), a company set up to hold and manage private loans for students at ITT Technical Institute. The Bureau filed a complaint and a proposed stipulated judgment in federal district court for the Southern District of Indiana alleging that CUSO provided substantial assistance to ITT Educational...

NDC Small Sponsorship Program

The Academy

August 17, 2025

The National Data Center provides small sponsorships of up to $2,000 for educational consumer bankruptcy seminars, when approved pursuant to its guidelines and when funds are available.

NACTT 2024 Annual Roundtable

November 10, 2024

NACTT 2024 Annual Roundtable In July as part of the NACTT Annual Seminar, The Honorable Keith London, United States Bankruptcy Judge for the Middle District of Tennessee (retired), lead a discussion by experts in the field on AI and access to justice. This panel is an all-star cast and the video is free to all!!

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Related Articles

When Wishes Come True

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

Surrender of Collateral in a Plan- What Is the Court to Do if the Debtor Doesn’t Follow Through?

Updated PACER Multifactor Authentication Notice

Character Counts

Post-Petition Causes of Action, Inheritances and Windfalls Are Property of the Estate and Must Be Reported to the Trustee – Part 5 of 5

If You’re Gonna Bet the Farm, Maybe Play Against the House

CFPB Settles with Student CU Connect CUSO Over ITT Private Loan Program

NDC Small Sponsorship Program

NACTT 2024 Annual Roundtable

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