From the Editor

By The Honorable William Houston Brown (Retired)

Three-month delay in completing bare-bones petition. When the Chapter 13 debtor filed a skeletal petition, her motion for more time to complete schedules, statement and plan was denied, with no cause found for extending time after three-month delay, and show cause hearing was set to determine if case should be dismissed with 180-day bar to refiling. In re Ward, 610 B.R. 804 (Bankr. W.D. Pa. 2020).

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Acquisition of Post-Confirmation Property in Chapter 13: What Remains of the Estate?

February 10, 2019

By Leo G. Spanos, Senior Staff Attorney to Martha G. Bronitsky, Chapter 13 Trustee, Northern District of California (Oakland Division) Courts around the country are split on whether property acquired post-chapter 13 confirmation remains property of the estate or vests in the debtor for all purposes absent contrary language in the plan or confirmation order under 11 U.S.C. § 1327(b).1...

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Remembrances of a Retired Trustee

October 6, 2019

By Mike Fitzgerald It has been almost one full year since I retired as the Chapter 13 Standing Trustee in Seattle. I am happy to report that my family and I are enjoying ourselves immensely. As retirement grows more comfortable, I find myself looking back with mostly very fond memories at the nineteen years I served as a Trustee, as...

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2022 Bankruptcy Procedure Year in Review: Revised Statute and Rules and Selected Cases – Part 4 More on Arbitration Procedure

Lawrence R. Ahern, III

January 15, 2023

Introduction This series reviews developments in bankruptcy procedure during 2022. Amendments to 16 rules and new one new rule took effect December 1, 2022. Many reflected 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 Update on Student Debt Relief and What this Means for Chapter 13 Practitioners

MaryAnn Bennett Bride

November 20, 2022

What is the Student Debt Relief Plan? On August 24, 2022, President Joe Biden announced a three-part student debt relief plan to help borrowers transition back to regular payments as pandemic-related support expires. The plan includes loan forgiveness of up to $20,000 for Pell Grant recipients with loans held by the Department of Education and up to $10,000 in debt...

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Find The Hidden Mortgage Interest Tax Deduction in Bankruptcy

Cathy Moran

October 8, 2023

“Do you have clients in an active Chapter 13 plan paying back mortgage payments that were delinquent when the case was filed?” October 16th is the deadline to file extended income tax returns.

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New Trustee Named

The Academy

September 3, 2023

Tracy Updike of Harrisburg, Pennsylvania, has been named as a Chapter 13 Standing Trustee for the Northern District of Indiana. Updike will be filling the trusteeship vacated by Debra Miller when she accepted a trusteeship in the Eastern District of Tennessee.

The Long Reach of R. 3002.1

Cathy Moran

August 20, 2023

What are the consequences of a secured lender’s failure to comply with R. 3002.1 in a prior case when the debtor files again? Significant, it seems. . . . since their attorney said he “didn’t see the need” to do so. [Can you guess, now, how this comes out?]

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Kristina Stanger and Jessica Hopton Youngberg

November 3, 2019

Kristina Stanger is an attorney and shareholder at Iowa’s Nyemaster Goode, P.C. She is also a combat-experienced Lieutenant Colonel in the Iowa Army National Guard. She is currently one of Iowa’s highest ranking females and is the Chief of Plans and Operations for the Iowa Army National Guard. Jessica Hopton Youngberg is Senior Staff Attorney for Veterans Legal Services in...

Bankruptcy’s Eternal Struggle

May 10, 2020

By Cathy Moran, Esq. (Redwood City, CA) The timeless questions asked by mankind include “why are we here“, “which came first ...” and “coffee or tea“. Bankruptcy lawyers wrestle with “which controls, b-22 or Schedules I and J“. Having argued and lost the Pak case when BAPCPA was new, and felt vindicated when

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First Principles for First Meetings

October 11, 2020

By Cathy Moran, Esq. (Redwood City, CA) Once again, I sat in a 341 meeting where the trustee’s representative purported to deliver vital information to the assembled debtors. She had a captive audience of anxious listeners. She had ostensible power of life and death over their financial future. They needed to know what she had to say. But as communication,...

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Related Articles

Acquisition of Post-Confirmation Property in Chapter 13: What Remains of the Estate?

Remembrances of a Retired Trustee

2022 Bankruptcy Procedure Year in Review: Revised Statute and Rules and Selected Cases – Part 4 More on Arbitration Procedure

An Update on Student Debt Relief and What this Means for Chapter 13 Practitioners

Find The Hidden Mortgage Interest Tax Deduction in Bankruptcy

New Trustee Named

The Long Reach of R. 3002.1

Kristina Stanger and Jessica Hopton Youngberg

Bankruptcy’s Eternal Struggle

First Principles for First Meetings

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