Meet Another New Trustee

Rebecca A. (Becky) Herr was appointed Chapter 13 Standing Trustee for the District of Maryland on October 1, 2019 and maintains her offices in Annapolis.

Ms. Herr’s appointment came on the heels of the retirement of Chapter 13 Standing Trustee Nancy Spencer-Grigsby. But Herr is no stranger to NACTT, The Academy, and the Chapter 13 Trustee community.

So, let’s start at the beginning. She received her undergraduate degree (in Criminology and Criminal Justice because she thought she was going to be a criminal lawyer!) from the University of Maryland.

Before attending law school, she took . . .

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Here’s How a Name Change Affects a Tax Return

March 10, 2019

When someone legally changes their name, there are tax consequences they need to know about, especially at tax time. People change their names for several reasons: Taking their spouse’s last name after a marriage Hyphenating their last name with their spouse’s after getting married Going back to their former name after a divorce Giving an adopted child the last name...

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...

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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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Critical Case Comment – But It’s a GOLF CART!

Henry E. Hildebrand, III

November 20, 2022

A golf cart is a motor vehicle and may be exempted by a Chapter 7 debtor under state law. (Loyd) In re Smith, 2022 WL 3023209 (Bankr. W.D. Okla. July 28, 2022) Case Summary Bobby Smith filed a Chapter 7 petition and listed his golf cart as an exempt asset under Oklahoma law because it was a “motor vehicle.” The...

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Rules, Means-Test Amounts and Miscellaneous Fees: Changes Wrap Up 2020

November 15, 2020

By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN) Federal Rules of Bankruptcy Procedure Amendments Effective December 1, 2020 The Judicial Conference proposed, and Congress has not changed, the amendments to the following Federal Rules of Bankruptcy Procedure: Rules 2002, 2004, 8012, 8013, 8015 and 8021. Absent Congressional action, which is not expected, they will be effective at the...

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Gambled and Lost – Again

Michael J. McCormick, Esq.

June 29, 2025

This article is not mortgage-related and it is a Chapter 7 . . . BUT the order issued in this adversary is instructive regarding the bases for having records sealed in a bankruptcy case.

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Escrow 101 – Part 1 of 3

August 29, 2021

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

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Critical Case Comment – Repeat: No Fee Splitting

Henry E. Hildebrand, III

October 23, 2022

A referral fee by retained special counsel paid to debtor’s attorney violates the prohibition in § 504 in that it constitutes an unauthorized splitting of attorney’s fees. (Williamson) In re Davis, 638 B.R. 198 (Bankr. M.D. Fla. March 31, 2022) Case Summary Four years after Lisa Davis filed her Chapter 13 petition, she was involved in an auto accident resulting...

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

February 23, 2020

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...

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While Chapter 7 Filings Continue to Decline, Chapter 13 Filings are Trending Slightly Upward

Kevin R. Anderson

April 24, 2022

Recent headlines noted that March 2022 saw a 33.5% increase in bankruptcy filings over February. This could suggest the coming swell in bankruptcy cases anticipated since the start of the COVID pandemic. However, bankruptcy professionals recognize that consumer filings always spike in March (see chart). This phenomenon is usually attributed to the tendency to avoid filing in January and February...

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Meet Another New Trustee

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Related Articles

Here’s How a Name Change Affects a Tax Return

Critical Case Comment – And There is Also Blanco

ABI Commission on Consumer Bankruptcy – Dischargeability of Homeowner Association Fees

Critical Case Comment – But It’s a GOLF CART!

Rules, Means-Test Amounts and Miscellaneous Fees: Changes Wrap Up 2020

Gambled and Lost – Again

Escrow 101 – Part 1 of 3

Critical Case Comment – Repeat: No Fee Splitting

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

While Chapter 7 Filings Continue to Decline, Chapter 13 Filings are Trending Slightly Upward

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