Discharged or Not? Post-Petition Interest on Pre-Petition Priority Taxes

By Academy Staff

How many times have you seen this? Potential Debtor (PD) is facing a foreclosure sale on their home; PD is a month, or three, behind on car payments and the finance company is threatening repossession. PD owes taxes for the past two years (PD filed the returns but there was no money to pay the liabilities) as well as a bunch of credit card debt. After discussion, you conclude that PD can file a Chapter 13 to cure and maintain the mortgage on the residence; pay off the car; and pay the priority taxes in . . .

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Weighted Caseload: Why It Matters and How It Works and Doesn’t Work

Honorable Brian D. Lynch

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“Currently, if a district’s weighted caseload is below one-thousand per the number of judges in that district . . . in all probability, recommend that the circuit not replace the judge.”

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Critical Case Comment – No Approval No Pay

Henry E. Hildebrand, III

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It is incumbent upon nonbankruptcy attorneys, including personal injury attorneys, to verify on PACER that their client is not a debtor and that the cause of action as to which they represent their client is not property of the estate; failure to obtain approval of the bankruptcy court for representing a debtor or settlement of a personal injury action is...

Private Collection Agencies – What You and Debtors Need to Know

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Taxpayers who are contacted by a private collection agency on behalf of the IRS might have questions about the program. These taxpayers can visit IRS.gov to find answers to questions they might have. In fact, to better help these taxpayers, the IRS recently updated the private debt collection pages on IRS.gov. These updates added more information for taxpayers whose case...

Why Address Formatting Is So Important for Jurisdiction

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By Jay S. Jump, CEO, CertificateofService.com (Pasco, WA) My guess is you initially saw the title of this article and promptly pressed right on past it. Who needs to learn how to properly address an envelope? You didn’t spend three years in law school plus all that money in student loans to address an envelope! But, If the purpose of...

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Meet Another New Trustee

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On October 1, 2018, Dynele L. Schinker-Kuharich was appointed as a Chapter 13 Standing Trustee for the Northern District of Ohio. She maintains her offices in Canton. Ms. Schinker-Kuharich replaces retiring Toby Rosen who served in this position for 30 years. Prior to her appointment as a Standing Chapter 13, Schinker-Kuharich was on the panel of Chapter 7 Trustees for...

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From the Editor – Discharge

June 7, 2020

By The Honorable William Houston Brown (Retired) Hardship discharge denied. Section 1328(b)’s requirements for hardship discharge are conjunctive and failure to satisfy any one of three conditions results in denial. Reviewing judicial decisions on requirements of the statute, the court considered “the extent of a debtor’s accountability and degree of control; the substantiality and foreseeability of the changed circumstances at...

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U.S. Trustee Program to Implement Virtual Section 341 Meetings of Creditors Nationwide

The Academy

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These virtual 341 meetings via Zoom will be implemented on a rolling basis through early 2024.

Good or Bad Faith?

Hale Andrew Antico

September 10, 2023

The Ninth Circuit BAP held that the chapter 13 debtors converted their case to Chapter 7 in good faith and therefore a post-petition inheritance was not property of the chapter 7 estate.

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Diane Cipollone

The Academy

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Diane Cipollone is an attorney and a qualified expert on mortgage servicing and loan origination matters. While Diane no longer provides expert testimony, she continues to consult with consumer attorneys; trains attorneys, court mediators, housing counselors and fair housing advocates on foreclosure prevention guidelines and federal mortgage regulations; and mentors pro bono attorneys and non-profit housing counselors. She has presented...

Bankrupt Attorney Cannot Discharge State Court Sanctions

Nicole P. Novak

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In a recent opinion, the 9th Circuit BAP affirmed a bankruptcy judge’s decision that sanctions order by a state court were nondischargeable under § 523(a)(6)i and that the state court proceeding precluded litigating the issue in bankruptcy.ii The sanctions originate from a California doctor’s defamation suit against two former patients. The Doctor initiated the action against two women who wrote...

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