Watch the Clock – Timing of Appeals

By Phil Lamos, Chief Legal Counsel, Office of the Chapter 13 Trustee Lauren A. Helbling (Cleveland, OH)

Regardless of the merits of an appeal, an appeal must be timely filed to have even a chance at succeeding. 28 USC 158(a) states what can be appealed: “final” orders entered in “proceedings.” Federal Rule of Bankruptcy Procedure 8002(a) states that an appeal must be filed within 14 days of the date of the entry of the order being appealed. In order to determine if the 14 day window for appealing an order has started it must first be . . .

It looks like you are not signed in or registered! This content is only available to members.

Or sign in below:

No Author Biography has been linked to this Article.

Declining Cases and Increasing Judicial Vacancies

Kevin R. Anderson

February 18, 2024

With facts and graphs, Judge Anderson discusses lowest filing levels since ’85, the impact of filings on judgeships, weighted caseloads, judicial vacancies, and recall judges.

Members

2024 Update: Federal Guidance on Discharging Student Loans in Bankruptcy IS a Game Changer

Tammy Branson, Robert B. Branson

May 12, 2024

The 2022 Justice Department and Department of Education collaboration introduced new bankruptcy guidelines, notably easing the "undue hardship" exception for discharging student loans, marking a departure from the stringent "Brunner Test" requirements. Here the Bransons give us a look at the progress being made in discharging student loans.

Members

Critical Case Comment – Debtor Bears Burden of Proof to Be Ones Own Disbursing Agent

Henry E. Hildebrand, III

January 21, 2024

There is a presumption that the trustee will make disbursements under a confirmed Chapter 13 plan and the debtor bears the burden of demonstrating sufficient grounds to justify acting as her own disbursing agent.

Members

From the Editor – Claims

May 16, 2021

By The Honorable William Houston Brown (Retired) Unpaid filing fee in prior case was unsecured claim. The Chapter 13 trustee moved for authority to pay unpaid filing fee from prior case, but Court denied that to the extent the motion sought payment ahead of unsecured creditors. The unpaid filing fee was nothing more than a general unsecured claim in the...

Members

Critical Case Comment

December 27, 2020

By Henry E. Hildebrand, III, Chapter 13 Trustee for the Middle District of Tennessee (Nashville) Section 506(d) does not allow the voiding of a lien when the underlying claim, filed by the debtor, has been disallowed; when notice is provided to a corporation it must be addressed to the individual who holds the office of an officer, manager, or general...

Members

TFS Bill Pay Announces New Attorney Report Center

November 21, 2021

TFS Bill Pay has launched a new powerful tool to help you succeed; the Attorney Report Center located in your AttorneyPortal. In the current bankruptcy environment, it is absolutely essential that your firm receives all of the compensation for the valuable work it has already done. TFS now provides you with pre-set, real-time reports to confirm your clients’ payments, which...

Right Issue, Wrong Motion

Henry E. Hildebrand, III

March 1, 2026

Property inherited by a Chapter 13 debtor more than 180 days after the filing of the petition is property of the estate under § 1306 and may be considered in properly filed motion to modify as a method to fund increased plan payments.

Members

Of Grace Periods and Mortgage Payments

Cathy Moran

January 23, 2022

The no man's land between the mortgage due date and late payment is a persistent trouble spot for Chapter 13 practitioners. Are there arrears when the case is filed during the grace period and the payment made before it was late? In Borre, Judge Ronald Sargis of ED CA said no. He held that the payment was not in default...

Members

Postpetition Borrowing by a Consumer Debtor in Chapter 13 – Part 2 of 2

May 12, 2019

By Judge Michael A. Fagone & Career Law Clerk Ciera S. Dye III. Policy Considerations Where the statute does not provide definitive guidance, courts often turn to policy considerations. How do those considerations weigh out here? One answer is that policy considerations cut against imposing any sort of requirement of preapproval for postpetition borrowing by a consumer debtor. Several reasons...

Members

Laudable, Shortsighted, and Vague: The CDC’s Eviction Moratorium

October 18, 2020

By Riley F. Tunnell, Esq., Godwin Bowman PC (Dallas, TX) The COVID-19 pandemic is not the product of a single cause. So, our remedial efforts must address a myriad of causes and rapidly developing effects. The CDC believes that delaying the onset of the mass-eviction to a time when we may be better able to manage this virus is a...

Members

Watch the Clock – Timing of Appeals

Link to Post:

It looks like you are not signed in or registered! This content is only available to members.

Or sign in below:

Related Articles

Declining Cases and Increasing Judicial Vacancies

2024 Update: Federal Guidance on Discharging Student Loans in Bankruptcy IS a Game Changer

Critical Case Comment – Debtor Bears Burden of Proof to Be Ones Own Disbursing Agent

From the Editor – Claims

Critical Case Comment

TFS Bill Pay Announces New Attorney Report Center

Right Issue, Wrong Motion

Of Grace Periods and Mortgage Payments

Postpetition Borrowing by a Consumer Debtor in Chapter 13 – Part 2 of 2

Laudable, Shortsighted, and Vague: The CDC’s Eviction Moratorium

Academy

Members

Website

Legal

Looking to Become a Member?

Webinars

Member Articles

Industry News

To get started, please let us know which of these best fits your current position: