Ask Ms. Ps & Qs

By Professor Nancy Rapoport

Dear Readers:

I’ve heard it said (and I’ve said myself on numerous occasions) that the best predictor of future behavior is past behavior. (That’s not always true, but I’ve found that it tends to be true a lot of the time.)

So what do you get when you hire an embezzler, fire him, and rehire him? More embezzlement, and a suspension from practice for the lawyer who rehired the embezzler. In Florida Bar v. Gilbert, Supreme Court of Florida, SC15-2004 (Mar. 22, 2018), Lawyer Gilbert had many chances to . . .

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Traps and grey areas abound when one spouse files bankruptcy during or after a divorce. Inattention by the non-filing spouse can result in the bankruptcy discharge of spousal claims that might actually be nondischargeable. One of those traps involves the differing treatment in bankruptcy of debts to a former spouse incurred in the course of a divorce (Bankruptcy Code §523(a)15))...

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“The problem in the past for student loan borrowers in bankruptcy has been that hardship discharge litigation has been complex, expensive and arbitrary. . . . The new guidance has simplified the process.”

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By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN) Introduction In 2016, the American Bankruptcy Institute’s president, Eugene Wedoff, retired bankruptcy judge from the Northern District of Illinois, proposed to the ABI Board that a commission be established to examine the current status of consumer bankruptcy laws, rules, and cases with the goal of its making general suggestions...

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By Gretchen D. Holland, Standing Chapter 13 Trustee for the Greenville/Spartanburg Division of South Carolina Although this is a chapter 11 case, it has chapter 13 implications because the confirmation requirement that a plan be “proposed in good faith and not by any means forbidden by law” is identical in both chapters (§ 1129(a)(3) and § 1325(a)(3)). Garvin v. Cook...

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Related Articles

Rule 12(b)(1) Dismissal

Legal Aid and Who Are Our Chapter 13 “Customers”

Retirement of the Honorable John E. Hoffman, Jr., Chief Judge

The Proposed Consumer Bankruptcy Reform Act: A Political Analysis

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

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The Complex World of Interspousal Claims in Bankruptcy

The New DOJ/DOE Guidance for Student Loan Bankruptcy Litigation: Promising Early Results

ABI Commission on Consumer Bankruptcy – Introduction

A Confirmed Plan with a Marijuana Wrinkle

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