Ask Ms. Ps & Qs

By Professor Nancy Rapoport

Dear Readers:

Once again, the wonderful Regina Logsdon has found me a gem of a case. This one involves someone who lacks imagination when it comes to cursing (or, as we Texans say, cussin’). In Corona v. Day Kimball Healthcare, Inc., DOCKET NO.: X07-HHD-CV-15-6075511-S, Superior Court, Judicial District of Hartford (Sept. 20, 2018), the attorney was looking a seventh (!) sanction in the eye for telling one of her associates that her litigation strategy was to eff someone and give him “an [effing] hard time.”It looks like you are not signed in or registered! This content is only available to members.

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Critical Case Comment–Should’a Returned the Car

Henry E. Hildebrand, III

January 8, 2023

Post-petition repossession of debtor’s automobile, deliberate indifference to debtor’s request for return and ignoring hearings before the Court merit not only award of damages for violation of the stay but substantial punitive damages. (Bonapfel) In re Hamby, 2022 WL 17428947 (Bankr. N.D. Ga. November 29, 2022) Case Summary Cole Hamby purchased a 2012 GMC Sierra from Everybody Rides Auto Sales....

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Critical Case Comment

June 27, 2021

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN) It constitutes an unfair discrimination, violative of 11 U.S.C. § 1322(b)(1), for a Chapter 13 plan which would pay more to a student loan than to the remaining general unsecured creditors. (Somers) In re Kane, 603 B.R. 491 (Bankr. C.D. Kan. June 18, 2019) Case Summary Ronald Kane filed...

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Discrimination Denied

Henry E. Hildebrand, III

April 20, 2025

Chapter 13 debtor proposing a plan that maintains payments and cures defaults on a long-term student loan debt bears the burden of proving that the classification is not discriminatory and does not violate § 1322(b)(10).

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A Story of a Vermont Farm Community and a Chapter 12 Reorganization

Jan M. Sensenich

April 5, 2026

The tenacity of a community and the resilience of generational family farmers equals a successful Chapter 12.

Special Counsel 101: Getting Paid and Protecting Clients

Nicole P. Novak

May 1, 2022

The Bankruptcy Code imposes many duties on attorneys. One such duty requires attorneys to disclose compensation for services in contemplation of, or in connection with a bankruptcy case.1 Debtor attorneys know to disclose their fees at the start of the case. Attorneys that forget to timely file a compensation disclosure typically receive a gentle reminder to do so. However, in...

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Critical Case Comment – 3002.1 and Reverse Mortgages

Henry E. Hildebrand, III

January 23, 2022

Requirements and remedies in Rule 3002.1 apply to reverse mortgages as well as conventional mortgages; while discharge of Chapter 13 plan does not discharge a mortgage obligation treated pursuant to § 1325(b)(5), the court may prohibit prospective use of a nondisclosed obligation as grounds for a default. (Waites) In re Legare-Doctor, 2021 WL 5712149 (Bankr. D. S.C. Dec. 1, 2021)...

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The Clash Between § 101(5)’s Inclusiveness and Chapter 13’s Procedural Barriers

Daryl J. Smith

October 19, 2025

This article explores how procedural precision often trumps substantive entitlement — and why vigilance is key to protecting valid claims.

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City of Chicago v. Fulton And the Turnover Conundrum

January 24, 2021

By Kara K. Gendron, Esquire, Mott & Gendron Law (Harrisburg, PA) The recent Supreme Court decision in City of Chicago v. Fulton1 will change the law in most Circuits. Prior to this case, there was a split among the circuits as to whether the post-petition retention of property taken pre-petition constitutes a violation of the automatic stay under §362(a)(3) of...

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Ask Ms. Ps & Qs

Nancy B. Rapoport

December 29, 2024

From February, Prof. Rapoport looks at the question: What should happen when the Rule 2016 statement on compensation conflicts with the SOFA #16?

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Critical Case Comment– Absolute Right to Dismiss But Not the End of the Story

Henry E. Hildebrand, III

December 5, 2021

Although a Chapter 13 debtor has the absolute right to voluntarily dismiss her Chapter 13 case, even after a motion to convert is filed, the Court retains the rights to impose restrictions on the dismissal. (Waites) In re Brittany Frances Minogue, 2021 WL 4453589 (Bankr. D. S.C. September 29, 2021) Summary Brittany Minogue filed a voluntary petition under Chapter 13...

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Related Articles

Critical Case Comment–Should’a Returned the Car

Critical Case Comment

Discrimination Denied

A Story of a Vermont Farm Community and a Chapter 12 Reorganization

Special Counsel 101: Getting Paid and Protecting Clients

Critical Case Comment – 3002.1 and Reverse Mortgages

The Clash Between § 101(5)’s Inclusiveness and Chapter 13’s Procedural Barriers

City of Chicago v. Fulton And the Turnover Conundrum

Ask Ms. Ps & Qs

Critical Case Comment– Absolute Right to Dismiss But Not the End of the Story

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