Meet Another Trustee

In June of 2017 Michele T. Hatcher was appointed Chapter 13 Standing Trustee for the Northern District of Alabama, Northern Division. Ms. Hatcher replaces retiring Trustee Michael Ford. She maintains her office in the quaint Southern town of Decatur which is nicknamed “The River City” because it is on the banks of Wheeler Lake, along the Tennessee River.

Prior to her appointment as Standing Chapter 13 Trustee, Ms. Hatcher served as staff attorney to Trustee Ford for three years. Ironically, she replaced him as staff attorney when he was appointed Trustee.

Before joining the Trustee’s office, Ms . . .

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Of Tax Refunds, Exemptions, Setoffs, and Roman Gods

April 18, 2021

By Herbert L. Beskin, Chapter 13 Standing Trustee for the Western District of Virginia (Charlottesville) If you’re looking for a well-written and clear appellate opinion about a much-litigated topic, with a bit of ancient mythology thrown in for good measure, this HUD’s for you. The case is Wood v. U.S. Dept. of Housing & Urban Development (In re Larry and...

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Meet an AO Trustee

February 24, 2019

On June 26, 2017, Bradford W. Caraway was appointed as the Chapter 13 Standing Trustee for the Northern District of Alabama, Southern Division. He replaced D. Sims Crawford who had been appointed as a United States Bankruptcy Judge for the Northern District of Alabama. Trustee Caraway maintains his office in Birmingham. At the time of his appointment as Standing Trustee,...

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From the Editor

March 31, 2019

By Wm. Houston Brown, United States Bankruptcy Judge (Retired) Debtor’s Attorney - Suspension of firm upheld. The District court affirmed the 90-day suspension of Law Solutions Chicago, LLC (d/b/a UpRight Law, LLC), with the record supporting the bankruptcy court’s findings that the firm failed to adequately represent the debtor in a “simple” consumer case. Disgorgement of fees was appropriate under...

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2022 Bankruptcy Procedure Year in Review: Revised Statute and Rules and Selected Cases – Part 7 Selected Decisions Under Parts I and II of the Federal Rules of Bankruptcy Procedure

Lawrence R. Ahern, III

March 26, 2023

Introduction Amendments to 16 rules and new one new rule took effect December 1, 2022. Many reflected changes necessitated by the Small Business Reorganization Act of 2019 (SBRA),1 and had been in place in the same or similar form on an interim basis since that legislation took effect. Part 1 of this series summarized 2022 . . . It looks...

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A Salute to the Consumer Litigation Five Star General

Keith D. Slocum

April 2, 2023

Consumer law attorney, mentor and educator, Oliver Max Gardner III recently announced that he is retiring. His passion, diligent research and unmatched expertise has served as a north star in consumer law for so many of us. From building a community of like-minded enthusiasts through the renowned Bankruptcy Boot Camp and cultivating an army of consumer litigators to fiercely defending...

Chapter 13 Saves the World!

The Academy

May 21, 2023

(The DuPage County Bar Association grants permission to reprint all or part of this article, Chapter 13 Saves the World! by Arthur Rummler, Volume 29, Issue 9, May 2017 edition of the DCBA Brief. Copyright 2017, DCBA Brief, All Rights Reserved.) We are pleased to reprint an article referred to recently by Director Twomey of the Executive Office for United...

Escrow 102 – Part 3 of 4

October 10, 2021

By Michael J. McCormick, Esq., McCalla Raymer Leibert Pierce, LLC (Roswell, GA) Escrow 101 – Part 1 Escrow 101 – Part 2 Escrow 101 – Part 3 Escrow 102 – Part 1

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Critical Case Comment – Creditor Not Required to Dismiss Prepetition Nonbankruptcy Action

November 14, 2021

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of TN (Nashville) The automatic stay does not require a creditor pursuing a prepetition nonbankruptcy court action to dismiss that action once a bankruptcy case is filed; requesting continuances and attending status conferences do not constitute “continuation” of the prepetition action for purposes of the automatic stay....

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A Fond Farewell

Marie-Ann Greenberg

August 20, 2023

Wishing our dear friend and colleague, Isabel Balboa, a hearty congratulations on her upcoming retirement. As many of you know, Isabel came to the United States from Cuba at the age of 6 with her mother and sisters. Upon leaving Cuba, they were forced to leave everything behind for fear that they would be caught and detained. Her father was...

Critical Case Comment – Nothing Requires a Plan to Provide for All Secured Claims

Henry E. Hildebrand, III

December 12, 2021

If a Chapter 13 plan makes no provision for a mortgage obligation, omits any treatment of the mortgage claims, and prohibits the Trustee from making disbursements toward the claims, the claims are not provided for by the plan and the plan can be confirmed over the objection of the creditor and the trustee; nothing requires a plan to provide for...

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