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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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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Two Final Observations about the SBRA – Part IX

February 23, 2020

By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN) Introduction This series has focused on the four bankruptcy-related bills that were enacted during the 116th Congress and signed into law on August 23, 2019. One bill, the Small Business Reorganization Act of 2019 (SBRA), became effective February 19, 2020. It appears in its entirety in Appendix B to this...

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Is the Automatic Stay Automatic?

Daryl J. Smith

August 24, 2025

The split deepens over § 362(c)(3)(A), as In re Sloniker holding that the automatic stay expires after 30 days as to both the debtor and estate property in repeat filings.

New Judge Appointed to Southern Ohio Bankruptcy Court

The Academy

August 17, 2025

U.S. Court of Appeals for the Sixth Circuit appointed Tiffany Strelow Cobb to a 14-year term as a U.S. Bankruptcy Judge for the Southern District of Ohio, effective August 20, 2025. She will be located in Columbus, Ohio.

From the Editor

March 17, 2019

By Wm. Houston Brown, United States Bankruptcy Judge (Retired) Confirmation - Bankruptcy court could not sua sponte object to confirmation. Distinguishing between “self-executing” provisions of the Code and those sections that were not “self-executing,” and discussing Espinosa’s impact on that distinction, District Court held that the bankruptcy court could not sua sponte object to confirmation based on the above- median...

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Avoidance Powers in Chapter 13 – Part 5 of 6

January 27, 2019

By John P. Gustafson, United States Bankruptcy Judge, Northern District of Ohio, Western Division (Toledo, OH) Click here for Part 1 Click here for Part 2 Click here for Part 3

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Critical Case Comment – What About a Zero Value Junior Lien?

Henry E. Hildebrand, III

November 5, 2023

Bankruptcy Court has authority to compel implementation of a confirmed Chapter 13 plan which, at its end required the release of a junior lien which had been given no value; attorney’s fees would be awarded to debtors’ counsel for pursuing the release.

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Is a CARES Act Stimulus Payment Exempt?

April 26, 2020

By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN) Introduction Since April 1, 2020, many unemployed people in the United States have begun to receive "a recovery benefit" in the amount of $1,200.1 These payments, under the CARES Act2 stimulus program, were intended to provide some relief to suffering Americans. However, the most financially distressed Americans, perhaps with existing,...

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Small Business Reorganization Act…(“SBRA”) H.R. 3311 – Part Three

October 6, 2019

By Jan Hamilton, Chapter 13 Standing Trustee (Topeka, KS) Click here for Part One Click here for Part Two What needs to be in a plan filed in a case under the SBRA? Start with the statute…1 A. Contents of Plan2 Comparison of “Contents . . . It looks like you are not signed in or registered! This content is...

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“Extreme” Serial Filers

Dana M. Estes

May 4, 2025

Courts reserve refiling bars for egregious conduct. Here Attorney Estes looks at two particularly extreme cases.

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Discrimination Denied

Two Final Observations about the SBRA – Part IX

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Avoidance Powers in Chapter 13 – Part 5 of 6

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