Thoughts on the Law: Stay at the Crossroads – The Code of the Wild, Wild West?

By The Honorable John P. Gustafson, United States Bankruptcy Judge, Northern District of Ohio (Toledo)

There are two legal battles going on that may end up being dysfunctionally related….

1. What Happens If The Automatic Stay Is Not Extended In A “Second Case Pending Within One Year”?

A split of authority has been percolating since 2005, involving the all too common case, where a debtor with a second bankruptcy case pending within one year has failed to seek an extension of the automatic stay within the 30-day statutory time period. The issue that divides the . . .

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If You’re Gonna Bet the Farm, Maybe Play Against the House

Danielle N. Gueck-Townsend

January 30, 2022

Gambling is inherently risky, but that rings even more true when a bankruptcy is involved. Section 727(a)(5) allows for denial of discharge if “the debtor has failed to explain satisfactorily, …. any loss of assets or deficiency of assets to meet the debtor’s liabilities.” 11 U.S.C. §727(a)(5). Recently, Bankruptcy Judge Timothy A. Barnes in Chicago wrote an opinion in which...

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Missing Clause Sends Funds Back to Debtors

Henry E. Hildebrand, III

August 11, 2024

Even though the parties agree to apply refunds from a creditor overpayment to unsecured creditors, because the debtor completed payments under the plan, the plan cannot be modified, and the funds must be paid to the debtor.

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Ask Ms. Ps & Qs

Nancy B. Rapoport

April 26, 2026

This month, our ethics expert examines the pros and cons of in-person intake meetings versus Zoom and other technology-based approaches for that all-important fact finding client interaction.

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Does Section 1325(b)(1)(A) Hold Your Interest?

Daniel M. Tavera, The Honorable John P. Gustafson

July 9, 2023

When Does The Bankruptcy Code Require The Payment Of Interest On Unsecured Claims In Chapter 13? I. Introduction This article primarily discusses the interpretation and application of § 1325(b)(1)(A) of the Bankruptcy Code in relation to the payment of interest to general unsecured creditors in chapter 13 bankruptcy cases. Section 1325(b)(1)(A) generally states that a court may not approve a chapter...

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Best Practices in Bankruptcy: Power of Attorney or Guardian

Michael B. Joseph

June 12, 2022

It is always troublesome when an individual bankruptcy petition is filed by power of attorney. It may be less of a concern in a chapter 7 case when the debtor is in the military, incarcerated, or temporarily disabled. More worrisome is the incompetent or advanced aged debtor who has been placed in a chapter 13 by someone holding a power...

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A Day in the Life of a Chapter 13 Trustee

May 12, 2019

By Margaret A. Burks, Esq., Chapter 13 Trustee (Cincinnati, OH) I was recently asked to expound on a “Day in the Life of a Chapter 13 Trustee.” Then Regina (Logsdon, Executive Director of ConsiderChapter13.org) asked me to write an article for the Academy. I believe in fate so here goes. Please see ‘Effective Communication Guide.’ It came out about four...

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Critical Case Comment

October 18, 2020

By Henry E. Hildebrand, III, Chapter 13 Trustee (Nashville, TN) There is no requirement to show a change in circumstance in order to modify a Chapter 13 plan pursuant to § 1329. Whaley v. Guillen (In re Guillen), 2020 WL 5015287 (11th Cir. Aug. 25, 2020) (Marcus) Case Summary Rachel Guillen filed a Chapter 13 petition in August of 2015....

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The PUMP Act

Mark T. McCarty

June 11, 2023

The U.S. Department of Labor (DOL) has released an updated Fair Labor Standards Act (FLSA) Minimum Wage Poster that covers employers’ new lactation accommodation obligations under the recently passed Providing Urgent Maternal Protections for Nursing Mothers (PUMP) Act. The PUMP Act went into effect on December 29, 2022 and requires employers to provide nursing employees with reasonable accommodations, such as...

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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Spitballing Chapter 13’s Image Makeover

Cathy Moran

January 12, 2025

“Three cheers for Jen Lee’s piece on the need to pitch the manifest strengths of Chapter 13. Her advice to use head-to-head comparisons with alternative approaches to debt for the client is right on. An image makeover for Chapter 13 would be even more powerful if we can spread the word to a broader audience, before they’ve shorted their tax withholding, encumbered their exempt homestead, signed on with a profit-focused ‘debt consolidation’ company, or dipped into their retirement funds.” Think Chapter 13 needs an image makeover? Let us hear from you.

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Thoughts on the Law: Stay at the Crossroads – The Code of the Wild, Wild West?

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Related Articles

If You’re Gonna Bet the Farm, Maybe Play Against the House

Missing Clause Sends Funds Back to Debtors

Ask Ms. Ps & Qs

Does Section 1325(b)(1)(A) Hold Your Interest?

Best Practices in Bankruptcy: Power of Attorney or Guardian

A Day in the Life of a Chapter 13 Trustee

Critical Case Comment

The PUMP Act

Critical Case Comment – In the Windfalls Category

Spitballing Chapter 13’s Image Makeover

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