Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville)

While it is possible for a Chapter 13 debtor to have two bankruptcy cases at the same time, a debtor is precluded from having two reorganization bankruptcy cases at the same time.

In re Sorenson, 575 B.R. 527 (Bankr. D. Colo. September 29, 2017) (Brown)

Case Summary

Craig Sorenson filed a Chapter 13 bankruptcy (after obtaining a Chapter 7 discharge and having an earlier Chapter 13 case dismissed) in 2013. That plan proposed . . .

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The no man’s land between the mortgage due date and late payment is a persistent trouble spot for Chapter 13 practitioners. For example, are there arrears when the case is filed during the grace period and the payment made before it was late? In Borre, Judge Ronald Sargis of ED CA said no. He held that the payment was not...

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2022 Bankruptcy Procedure Year in Review: Revised Statute and Rules and Selected Cases Part 10 Once Again: The Supreme Court Hands Down a Procedure Rule in Dupree v. Younger

Lawrence R. Ahern, III

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Ask Ms. Ps & Qs

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Dear Readers: We’re now at the season where things go a bit wacky, and one thing that can go wacky has to do with people who are represented by counsel who want to talk with you. “Let’s cut out the middleman,” they think. After all, what harm could it be to save time? Plenty of harm, actually: Model Rule 4.2...

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From the Editor

March 17, 2019

By Wm. Houston Brown, United States Bankruptcy Judge (Retired) Confirmation - Trustee’s “double-dipping” objection to above-median confirmation denied. The trustee objected to confirmation based on above-median debtor deducting the IRS Local Standard housing deduction when the actual mortgage expense was on a marital residence owned by the debtor’s nonfiling spouse, while also claiming the marital adjustment for the spouse’s income...

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Critical Case Comment

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Related Articles

Artificial Intelligence and Bankruptcy Law

Avoidance Powers in Chapter 13 – Part 5 of 6

Critical Case Comment – Siegel v. Fitzgerald

Between the 1st and the 15th: Is Mortgage Current?

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