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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2020 Vision

February 14, 2021

By Jan Sensenich, Chapter 13 Standing Trustee for the District of Vermont I think it was in junior high school when I first started wearing glasses. I remember not liking the idea of having to wear glasses. I thought I could see just fine. As far as I knew, I was seeing what I needed to see. But I also...

Two Supreme Court Decisions with Effects on Bankruptcy Practice

March 1, 2020

By William Houston Brown, Adviser, Academy for Consumer Bankruptcy Education, Inc. and Lawrence R. Ahern, III, Brown and Ahern (Nashville, TN) In two February opinions, the Supreme Court addressed issues that appear in bankruptcy cases, one dealing with a common practice of entering nunc pro tunc orders and the other affecting determination of property rights under state law. In a...

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ABI Commission on Consumer Bankruptcy – Student Loans – Suggested Statutory Changes

April 21, 2019

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN) Section I. Student Loans, Part I Statutory Suggestions When the Commission asked participants to identify the most important issue in consumer bankruptcy, all three committees were told the same thing: the role of bankruptcy in the field of student loans. All three committees looked at the issue and proposed...

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To Conduit, Or Not To Conduit? That Is The Question. Or Less Shakespearean: “Conduit Mortgage Case Law”

The Honorable John P. Gustafson

January 15, 2023

Conduit vs. Direct Mortgage Payments – The Case Law To Consider1 The requirement that debtors pay their mortgage payments to their Chapter 13 Trustee as a “conduit” has advantages and disadvantages. One advantage is the fact that the Chapter 13 Trustee’s records are readily accepted by both the court and creditors in the event of a payment dispute. This advantage...

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Critical Case Comment

June 16, 2019

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee Mortgage creditor may not withdraw a notice of fees, costs, and charges filed in a case after the supplement to the claim has been challenged without court approval; the allowance of such a notice will not be permitted where a state statute forbids it. Quicken...

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Bridging Relationships: Everyone Benefits

The NACTT Emeritus Trustees

June 11, 2023

Chapter 13 Trustees occupy unique positions. Every day they work with the courts, clerks’ offices, debtors, creditors, and their attorneys, and the Office of the United States Trustees. Within ethical bounds, it is important that Chapter 13 trustees build and maintain relationships with each of these constituents. Civility, professionalism, and trust are the mainstays for all of these interactions. We...

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Ask Ms. Ps and Qs

Nancy B. Rapoport

May 14, 2023

Dear Readers: Want to know why your 1L Civ Pro course is your best friend when it comes to “undue hardship” cases? Because burdens of proof matter. (They matter in other cases, too, but I’m in love with the case of Love v. U.S. Dept. of Education (In re Love), Case No. 19-20532-C-7, United States Bankruptcy Court for the Eastern...

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ABI Commission on Consumer Bankruptcy – Judicial Estoppel

June 30, 2019

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN) Over the past twenty years, the judicial estoppel doctrine has had a significant impact on people who file bankruptcy. Judicial estoppel has grown to be a significant issue within the consumer bankruptcy system. The Commission was asked to address it. Judicial estoppel is a doctrine created to protect the...

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Chapter 13 –Success/Benefits & Everything in between

December 20, 2020

By Robert S. Thomas, II,1 Chapter 13 Standing Trustee for the District of Maryland (Baltimore) All stakeholders strive to make the Chapter 13 program efficient and beneficial to all parties. The Chapter 13 program has evolved over the years to better serve debtors and creditors. This is due in part because of the remarkable actions taken daily by our Bankruptcy...

Taking Care of Business: Recordkeeping for Small Businesses

May 12, 2019

Small business owners should keep good records. This applies to all businesses, whether they have a couple dozen employees or just a few. Whether they install software or make soft-serve. Whether they cut hair or cut lawns. Keeping good records is an important part of running a successful business. Here are some questions and answers to help business owners understand...

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Related Articles

2020 Vision

Two Supreme Court Decisions with Effects on Bankruptcy Practice

ABI Commission on Consumer Bankruptcy – Student Loans – Suggested Statutory Changes

To Conduit, Or Not To Conduit? That Is The Question. Or Less Shakespearean: “Conduit Mortgage Case Law”

Critical Case Comment

Bridging Relationships: Everyone Benefits

Ask Ms. Ps and Qs

ABI Commission on Consumer Bankruptcy – Judicial Estoppel

Chapter 13 –Success/Benefits & Everything in between

Taking Care of Business: Recordkeeping for Small Businesses

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