Senior Moments

By Peter Fessenden, Chapter 13 Standing Trustee, Retired September 30, 2017 (Portland, ME)

To everything there is a season.

There was a time to discover how little I knew about being a Chapter 13 trustee.

There was a time to make mistakes.

There was a time to address those mistakes.

There was a time to solve problems.

There was a time to prevent problems.

There was a time to help debtors.

There was a time to learn from debtors.

There was a time to guide debtors.

There was a time to help creditors.

There was a time to . . .

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Chapter 12 and Act2/Conference Update

August 18, 2019

By Rebecca Garcia and Jan Sensenich, Chapters 12 and 13 Standing Trustees The Association of Chapter 12 Trustees (ACT2) had a wonderful day and a half conference in advance of the NACTT Seminar on July 15 and 16 in Indianapolis. In addition to Trustee participants, we had judges, debtors, and creditors counsel and representatives attend and participate. We kicked off...

Passing of the Honorable Randall L. Dunn

The Academy

June 25, 2023

Retired United States Bankruptcy Judge Randall (Randy) Lawson Dunn, District of Oregon, died at home on June 7, 2023.

Measuring Success in Chapter 13: Five Years Later

June 6, 2021

By Brian D. Lynch, Bankruptcy Judge, Western District of Washington Five years ago, I wrote an article for this publication, “Measuring Success in Chapter 13,”1 where I criticized some media and academics for repeating an outdated and misleading statistic about the success of chapter 13 cases. So it was disconcerting to see John Oliver recently on Comedy Central’s Last Week...

Members

Chapter 13 Trustee Duties, Powers, and Limitations

October 4, 2020

By James J. Robinson, Chief United States Bankruptcy Judge, Northern District of Alabama Who appoints the standing chapter 13 trustee? The United States Trustee appoints the standing chapter 13 trustee for each judicial district where the UST system is in place, while the court appoints the standing chapter 13 trustee under the Bankruptcy Administrator program. See 11 U.S.C. § 1302...

Members

Did You Really Rely Upon That?

Angela M. Scolforo

September 11, 2022

The Mississippi Bankruptcy Court in The Huntington National Bank vs. Ashley Mosby, case #21-11614, adversary case #21-1028, on September 1, 2022, denied the bank’s request to declare a debt non-dischargeable because the bank did not rely upon the debtor’s false statement. In this case the Debtor purchased a 2020 Dodge Challenger, financed by the bank, without disclosing she intended to...

Members

Georgia Attorney Sanctioned in Debtor’s Seventh Chapter 13 Case

M. Jonathan Hayes

September 8, 2024

Apparently, seventh time’s the harm. In this case, aggressive lawyering’ crosses the line.

Members

Summer Intern Unveils Demographic Breakdown of U.S. Federal Judicial Districts

Sadie Mehr

September 8, 2024

Sadie Mehr, summer intern for the Chapter 13 Standing Trustee for the District of South Carolina, extrapolated the U.S. Census data and organized it into a spreadsheet.

What, Exactly, Is the Trustee’s Percentage Fee

Rebecca Herr

April 23, 2023

In recent years, a handful of cases have discussed the issue of what happens to the trustee’s percentage fee, collected from debtor plan payments, upon the dismissal or conversion of a case prior to confirmation. This is an emerging area of law, with decisions on both sides. However, with this new issue, there appears to be at least some confusion...

Members

Critical Case Comment – The Plan Rules

Henry E. Hildebrand, III

December 4, 2022

Chapter 13 plan which provided a specific amount to be cured on a reverse mortgage under § 1322(b)(5) would be controlled by the specific term of the plan provision and not by the larger proof of claim filed by the creditor. (Baer) In re Edelstein, 2022 WL 16730027 (Bankr. N.D. Ill. November 7, 2022) Case Summary The Edelsteins filed Chapter...

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Critical Case Comment – New Bankruptcy Term – “Sale Plan”

Henry E. Hildebrand, III

January 1, 2023

Confirmation of a “sale” plan (proposing the sale of the debtor’s principal residence) depends upon how quickly the sale will be consummated, milestones established, and consequences for failing to meet those deadlines; a plan that makes payments to the mortgage company under a “sale” plan may not modify the rights of the mortgagee but if care is taken to comply...

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Senior Moments

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Related Articles

Chapter 12 and Act2/Conference Update

Passing of the Honorable Randall L. Dunn

Measuring Success in Chapter 13: Five Years Later

Chapter 13 Trustee Duties, Powers, and Limitations

Did You Really Rely Upon That?

Georgia Attorney Sanctioned in Debtor’s Seventh Chapter 13 Case

Summer Intern Unveils Demographic Breakdown of U.S. Federal Judicial Districts

What, Exactly, Is the Trustee’s Percentage Fee

Critical Case Comment – The Plan Rules

Critical Case Comment – New Bankruptcy Term – “Sale Plan”

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