Chapter 13 Trustee Duties, Powers, And Limitations – Part 5

By James J. Robinson, Chief United States Bankruptcy Judge, Northern District of Alabama

Under what circumstances should the trustee object to claims (assuming a purpose would be served under § 707(a)(5))?

Midland Funding, LLC v. Johnson, 137 S. Ct. 1407 (2017). This case centered around the debtor’s argument that a creditor violated the Fair Debt Collection Practices Act when it filed a proof of claim for a debt that was beyond the statute of limitations under state law. The Supreme Court reversed the Eleventh Circuit and held that such a . . .

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A Practical Approach to Using Bankruptcy Rules Effectively

Beverly M. Burden

January 26, 2025

This is the first in a series of resources intended to simplify and facilitate the search for and application of certain bankruptcy rules relevant to chapter 13 practice. This article will look at four fundamental rules relating to general motion practice: Rules 9013, 9006, 9007, and 9014.

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WE LOVE AND WILL MISS YOU, HELEN

Elizabeth Vaughan

July 31, 2022

Helen Morris, the Standing Chapter 13 and 12 Trustee for West Virginia is retiring at the end of this fiscal year. I first met Helen over lunch at NACTT, where we chatted about a non-legal interest we both share, writing fiction. I was delighted to discover, then as now, a friend with a razor wit, a wicked sense of humor...

Did Congress Mean What It Said in Section 1328(i)?

April 25, 2021

By Pardis Akhavan, Resnik Hayes Moradi LLP (Encino, CA) The bankruptcy court in In re Ritter, 2021 WL 864092 (Bkrtcy C.D. Cal, 2021)(J. Tighe),denied debtors’ motion for an immediate discharge under Section 1328(i) ruling that Congress apparently did not intend that a chapter 13 debtor who obtains a loan modification should also receive a discharge, on that basis alone at...

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Think Beyond The Means Test

August 23, 2020

By Cathy Moran, Esq. (Redwood City, CA) It started as a means test question: could emergency medical expenses be deemed non consumer debt. It ended up as a step back to get the bigger picture. Well-seasoned bankruptcy counsel brought the fact pattern to a list serve of colleagues. The prospective debtors’ income in a small consulting corporation is declining, his...

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Fast Track to Freedom: Judge Greenlights Early Payoff

Henry E. Hildebrand, III

January 5, 2025

Chapter 13 debtor has the right to modify a confirmed Chapter 13 plan to pay off the plan early; at modification the “best interest of creditors test” applies to the modified plan as of the effective date of the modification.

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Avoidance Powers in Chapter 13© – Part 6 of 6

February 3, 2019

By John P. Gustafson, United States Bankruptcy Judge, Northern District of Ohio, Western Division (Toledo, OH) Click here for Part 1 Click here for Part 2 Click here for Part 3

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List It or Lose It: When Actual Knowledge Isn’t Enough

June 20, 2021

By Cathy Moran, Esq., (Redwood City, CA) To actually effect abandonment of unadministered assets in a bankruptcy case, the asset in question must appear on Schedule A/B. That’s the hard teaching of Stevens v. Whitmore from the 9th Circuit BAP. A passing reference to an asset in the SOFA isn’t sufficient. Neither was the fact the trustee explicitly knew about...

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A Survey of Key Appellate Decisions on Projected Disposable Income

James M. Davis

January 18, 2026

In preparation for our upcoming** webinar addressing means test conundrums, Attorney Davis brings readers a foundation of appellate decisions. **Save the Date: February 18th 2:00 Eastern

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Herb Beskin – A Proclamation

Angela M. Scolforo

October 22, 2023

Upon this auspicious occasion, seeing before us this eloquence of attorneys, let us recount the mighty deeds of one Herbert Lee Beskin. WHEREAS, Herbert was born and began his legal career in the last century (or we presume); and WHEREAS, a double Hoo, Herbert graduated from the University of Virginia with a B.A. in 1972, and stayed in Charlottesville to...

Private Collection Agencies – What You and Debtors Need to Know

November 17, 2019

Taxpayers who are contacted by a private collection agency on behalf of the IRS might have questions about the program. These taxpayers can visit IRS.gov to find answers to questions they might have. In fact, to better help these taxpayers, the IRS recently updated the private debt collection pages on IRS.gov. These updates added more information for taxpayers whose case...

Chapter 13 Trustee Duties, Powers, And Limitations – Part 5

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Related Articles

A Practical Approach to Using Bankruptcy Rules Effectively

WE LOVE AND WILL MISS YOU, HELEN

Did Congress Mean What It Said in Section 1328(i)?

Think Beyond The Means Test

Fast Track to Freedom: Judge Greenlights Early Payoff

Avoidance Powers in Chapter 13© – Part 6 of 6

List It or Lose It: When Actual Knowledge Isn’t Enough

A Survey of Key Appellate Decisions on Projected Disposable Income

Herb Beskin – A Proclamation

Private Collection Agencies – What You and Debtors Need to Know

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