Ask Ms. Ps & Qs

By Professor Nancy Rapoport

Dear Readers:

I know, I know—I’ve been absent from this column for a while,1 but I’ve found a set of cases that intrigued me, so here goes. In several cases, bankruptcy courts here in Nevada have made it clear that lawyers should do a better job of proving up their fees (and proofreading them), especially when the fee application contains the red flag of additional fees above the basic ones mentioned in the engagement letter.

In In re Covacevich, Case No. 17-12821-gs . . .

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IRS Extends April 15, Other Upcoming Deadlines for Alabama Storm Victims, Provides Other Tax Relief

March 10, 2019

Victims of March 3rd tornadoes and severe storms in Alabama have until July 31, 2019, to file certain individual and business tax returns and make certain tax payments. The IRS is offering this relief to any Major Disaster Declaration area designated by the Federal Emergency Management Agency (FEMA) as qualifying for individual assistance. Currently, this only includes Lee County, Alabama,...

2022 Bankruptcy Procedure Year in Review: Revised Statute and Rules and Selected Cases – Part 3 Rules Related to SBRA (Continued)

Lawrence R. Ahern, III

December 4, 2022

Introduction This series reviews developments in bankruptcy procedure during 2022. Amendments to 16 rules and new one new rule take effect December 1, 2022, absent Congressional action. Many reflect changes necessitated by the Small Business Reorganization Act of 2019 (SBRA),1 and have been in place in the same or similar form on an interim basis since that legislation took effect.

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An Open Thank You Letter to NACTT – Reflections from a New(er) Trustee: My First Two Years

March 7, 2021

By Dynele Schinker-Kuharich, Chapter 13 Standing Trustee (Canton, OH) I vividly remember getting the call that I was to be appointed as a Standing Chapter 13 Trustee (effective October 1, 2018). I was so honored, and humbled, and excited. At the time I was a panel Chapter 7 Trustee, but my heart had always been in Chapter 13. As corny...

ABI Commission on Consumer Bankruptcy – Dischargeability of Homeowner Association Fees

May 19, 2019

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN) Homeowner association fees that obligate homeowners of condominium and planned unit developments can be a substantial obligation that accrue on a monthly basis. These obligations are generally a burden when a debtor files for bankruptcy relief. To be fair, homeowners’ associations provide a significant benefit to homeowners. Exterior maintenance,...

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From the Editor – Lien Modification

March 28, 2021

By The Honorable William Houston Brown (Retired) Junior mortgage lienholder not affected by modifications of senior mortgage. Under Pennsylvania law, the prepetition modification of terms of the senior mortgage had recapitalized interest and costs already owed but had not created new liabilities. As a result, the junior mortgage holder was not materially prejudiced. The Chapter 13 debtors could avoid the...

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Motions to Extend or Impose the Automatic Stay

Erik P. Kimball

October 8, 2023

“In most cases, debtor’s counsel addresses only the argument that the debtor’s personal or financial affairs have substantially changed since dismissal of the preceding case.”

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Critical Case Comment – In the Windfalls Category

Henry E. Hildebrand, III

August 28, 2022

Unanticipated post-petition acquisitions, constituting property of the estate, can be captured for the purpose of repaying creditors. In re Powell, 2022 WL 1043502 (Bankr. C.D. Ill. April 7, 2022)(Perkins) Case Summary Clarence and Betty Powell filed a Chapter 13 petition in February of 2020 and their plan was confirmed that October. The plan required the Powells to make monthly payments...

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ABI Commission on Consumer Bankruptcy – Student Loans – Suggested Regulatory and Judicial Changes

May 5, 2019

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN) Section I. Student Loans, Part II – Suggested Regulatory and Judicial Changes In our last installment of the Academy Report on the ABI Commission on Consumer Bankruptcy we dealt with the ABI Commission’s suggested statutory modifications which could address some of the problems facing borrowers confronted with substantial student...

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Tax Time Guide: Contribute to an IRA by April 15 to claim it on 2018 tax returns

March 24, 2019

3/19/19 IRS reminded taxpayers that it’s not too late to contribute to an Individual Retirement Arrangement (IRA) and still claim it on a 2018 tax return. Anyone with a traditional IRA may be eligible for a tax credit or deduction on their 2018 tax return if they make contributions by April 15, 2019. This news release is part of a...

Who Is the Person Sitting at That Workstation? Contractor? Employee? Exempt?

Merideth Akers

January 22, 2023

Who is the person sitting at that workstation? Is it Noah Non-exempt? Is it Emma Exempt? Or, is it Connie Contractor? It is vital that I know who the person is sitting at that workstation. Do I have to pay the person sitting at that workstation overtime pay? Can I reduce the person’s pay for leaving an hour early? Do...

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Related Articles

IRS Extends April 15, Other Upcoming Deadlines for Alabama Storm Victims, Provides Other Tax Relief

2022 Bankruptcy Procedure Year in Review: Revised Statute and Rules and Selected Cases – Part 3 Rules Related to SBRA (Continued)

An Open Thank You Letter to NACTT – Reflections from a New(er) Trustee: My First Two Years

ABI Commission on Consumer Bankruptcy – Dischargeability of Homeowner Association Fees

From the Editor – Lien Modification

Motions to Extend or Impose the Automatic Stay

Critical Case Comment – In the Windfalls Category

ABI Commission on Consumer Bankruptcy – Student Loans – Suggested Regulatory and Judicial Changes

Tax Time Guide: Contribute to an IRA by April 15 to claim it on 2018 tax returns

Who Is the Person Sitting at That Workstation? Contractor? Employee? Exempt?

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