UpRight Not Right in East Tennessee

Law Solutions Chicago, LLC d/b/a Upright Law has once again been sanctioned. This time in the Eastern District of Tennessee by settlement agreement with the United States Trustee and the Chapter 13 Trustee, Gwendolyn Kerney.

It is difficult to understand how UpRight Law can continue to hold itself out, as it does on its website, as a provider of access to justice while at the same time being prevented in various jurisdictions from filing bankruptcy cases because of its consumer bankruptcy practices (https://www.uprightlaw.com/bk/company/mission).

On August 23, 2018, the U.S. Bankruptcy Court . . .

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Too Little, Too Late: Lost Lease and Last-Minute Bankruptcy

Henry E. Hildebrand, III

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Chapter 13 debtor who has been adjudicated by a state court to be in default of a residential lease does not get the benefit of the automatic stay to halt an eviction when the debtor fails to comply with all of the requirements of § 362(b)(22).

Members

Passing of Sitting Chief Judge

The Academy

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District of Idaho Announces Passing of Chief Bankruptcy Judge Joseph M. Meier

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Molly Simons

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Attorney Michael McCormick took the win when Judge Cavender of the Northern District of Georgia held nothing back in an October 2024 reported decision. The Judge made his feelings well known as he assessed and described the history of this Mortgage Claim/Lender and this abusive Debtor’s past and ongoing behaviors.

Members

Kellner Retires

September 29, 2019

By Academy Staff Jeffrey M. Kellner graduated from THE Ohio State University in 1975. Between then and entering law school, Jeff worked in Montana for the park service. He graduated from Capital University College of Law in 1985. After law school, he worked for two years as a law clerk for Judge Calhoun in Columbus, OH. He then went to...

Meet A New Twofer Trustee

The Academy

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Lilian G. Tsang was appointed as Chapter 13 Standing Trustee for the Eastern District of California on September 1, 2023. Then, on January 1, 2024, Lilian took on the Fresno and Bakersfield divisions.

Towering Victory: UT Law Shines Bright with Third Duberstein Moot Court Championship

Debbie Langehennig

January 12, 2025

Trustee Deborah Langehennig lead University of Texas to its third national Duberstein championship. GO DEB!!!!

From the Editor – Avoidance

September 22, 2019

By The Honorable William Houston Brown (Retired) Tax foreclosure sale avoided as preference. Affirming the District and Bankruptcy Courts, at 571 B.R. 662 and 588 B.R. 394, the Third Circuit held that the Chapter 13 debtors could avoid a pre-petition tax foreclosure sale as a preferential transfer. The township held a properly noticed tax sale at public auction, which resulted...

Members

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...

Critical Case Comment – Relief from Stay, Check; But Better Act Fast

Henry E. Hildebrand, III

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A creditor having received relief from the automatic stay prior to confirmation of the debtor’s plan is nonetheless bound by the terms of the plan, once confirmed.

Members

Covid-19 and the 7 Year Plan

March 29, 2020

By Ken Siomos, Staff Attorney for Marsha L. Combs-Skinner (Newman, IL) A small part of the recently passed “Cares Act” is the ability of Chapter 13 debtors experiencing a “material financial hardship” as a result of the covid-19 pandemic to modify their plan to 84 months.i Many Chapter 13 Trustee’s are likely anticipating a series of Chapter 13 Plan defaults...