In the Trenches: Secrets to Settlement – Competency in the Courtroom Part 2 of 3

By Jan Hamilton, Chapter 13 Trustee (Topeka, KS)

8. Early Preparation for Trial

As suggested, the best way to settle a case is to be willing to try that case, which means you must prepare from the get go. That preparation begins a long time before the eve of trial, namely, at the time you file your operative pleading. Before you . . .

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.

Chapter 13 Trustee Duties, Powers, And Limitations – Part 3

October 18, 2020

By James J. Robinson, Chief United States Bankruptcy Judge, Northern District of Alabama Can the trustee challenge the debtor’s attorney’s fee? In re Rodriguez Perez, 2018 WL 3655656 (Bankr. D.P.R. 2018). In this case, the chapter 13 trustee asked the bankruptcy court to assess the contract between the debtor and counsel under § 526-528. The trustee alleged that the contract...

Members

Claim Objections: Unusual Burden of Proof

Henry E. Hildebrand, III

November 9, 2025

Party objecting to a proof of claim bears the initial burden of proof to overcome the presumption of validity. Upon overcoming that presumption, the creditor then has the burden of proof to establish the validity of its claim.

Members

Small Business Reorganization Act…(“SBRA”) H.R. 3311 – PART ONE

September 15, 2019

By Jan Hamilton, Chapter 13 Standing Trustee (Topeka, KS) “I do not suggest my thoughts here are anywhere close to exhaustive. . . . Of course, my thoughts may be off mark on one or more items, but the discussions need to start somewhere, so here we go…” See also: 2019 Legislation Affecting Bankruptcy Practice – Overview

Members

Omission and § 532(a)(2)(B)

M. Jonathan Hayes

September 21, 2025

Can an omission be a “statement of financial condition” sufficient to establish non-dischargeability under § 523(a)(2)(B)? Yes, says Judge Dennis Montali

Members

From the Editor – Claims

October 20, 2019

By The Honorable William Houston Brown (Retired) Debtor’s objection to tax claim for being “too low” was rejected. Noting that the debtor could not benefit prior to distribution to creditors, in event trustee found assets for distribution, debtor’s objection to claim filed by tax creditor on basis that claim was “too low” was rejected. “The debtor comes last, not first,...

Members

Critical Case Comment–Be Careful What You Stipulate

Henry E. Hildebrand, III

August 14, 2022

Where a stipulation of a settlement of an objection to confirmation provided that a creditor’s claim would be “excepted from discharge pursuant to 11 U.S.C. § 523(a)(6)”, the stipulation would not prevent the discharge of the claim based upon a breach of fiduciary duty, tortious interference with business relations, unfair competition, defamation, and conversion which resulted in a state jury...

Members

Chapter 13 Debtor Employment in the Marijuana Industry

Michael Gieseke

August 18, 2024

Bankruptcy Courts are beginning to get a whiff of the fringes of the marijuana industry. Namely, is it automatically bad faith for “Bud” to propose a plan when his income is derived from a perfectly legal (as far as the state is concerned) business? Attorney Gieseke brings Academy readers an up to date look at what courts are saying.

Members

Critical Case Comment – And There is Also Blanco

October 31, 2021

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville) Rule 3002.1 gives the Bankruptcy Court authority to impose sanctions, including punitive sanctions, as part of the rules-granted authority to award “other appropriate relief.” (Rodriguez) Blanco v. Bayview Loan Servicing LLC (In re Blanco), 2021 WL 4190170 (Bankr. S.D. Tex. September 14, 2021) Case...

Members

Post-Petition Debt Approval/Denial

Henry E. Hildebrand, III

July 7, 2024

It is a valid exercise of the court’s authority to promulgate a local rule requiring Chapter 13 debtors to obtain trustee or court approval prior to incurring any post-petition debt of $10,000 or more like it or not!

Members

When the Duty to Provide Tax Returns Collides with Confidentiality

Michael B. Joseph

February 6, 2022

Bankruptcy Code Section 521(e)(2)(A)(i) and (ii) provides that a debtor must supply tax returns to the trustee in a chapter 7 or 13 case, and to a creditor who timely requests such copy. Must the debtor provide copies that contain personal identifying information such as names, addresses and social security numbers of dependents including minor children? Or a redacted version...

Members

In the Trenches: Secrets to Settlement – Competency in the Courtroom Part 2 of 3

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

Chapter 13 Trustee Duties, Powers, And Limitations – Part 3

Claim Objections: Unusual Burden of Proof

Small Business Reorganization Act…(“SBRA”) H.R. 3311 – PART ONE

Omission and § 532(a)(2)(B)

From the Editor – Claims

Critical Case Comment–Be Careful What You Stipulate

Chapter 13 Debtor Employment in the Marijuana Industry

Critical Case Comment – And There is Also Blanco

Post-Petition Debt Approval/Denial

When the Duty to Provide Tax Returns Collides with Confidentiality

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: