Chapter 13 Trustee Duties, Powers, And Limitations

Chapter 13 Trustee Duties, Powers, And Limitations – Part 7

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

Is the trustee’s service worth her commission?

The Eleventh Circuit recently issued its opinion in In re Dukes, 909 F.3d 1306 (11th Cir. 2018), which spoke primarily to the issue of what it means for a mortgage to be “provided for” in the plan. The court found that debtor-direct-pay-mortgages, not paid through the trustee and controlled entirely by the loan documents rather than by any provision of the chapter 13 plan, are not “provided . . .

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ABI Commission on Consumer Bankruptcy – Recommendations Related to Exemptions

August 11, 2019

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN) Exemptions in consumer cases have always presented difficult problems for practitioners and trustees. In a bow to states’ rights, the Bankruptcy Act of 1898 deferred to exemptions created by state law. When BAPCPA was enacted in 2005, Congress continued the practice of allowing each state to “opt out” of...

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From the Editor

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By The Honorable William Houston Brown (Retired) Chapter 13 debtors’ FDCPA claim was not “related to” bankruptcy case. After reopening closed case, the debtors filed adversary complaint against mortgage holders and servicers, alleging various claims for violation of discharge injunction, automatic stay and FDCPA. The complaint plausibly pleaded elements required for §§ 362(k) and 524(i), but the claims under FDCPA...

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For Whom Does the Bell Toll?

October 10, 2021

By Angela M. Scolforo, Staff Attorney to Herbert L. Beskin, Chapter 13 Trustee for the Western District of Virginia Since January 2019 alone there have been about 250 student loan discharge cases decided in the federal courts.1 One site reports that student loan debt in the United States totals $1.73 trillion, across 43.2 million borrowers, and the debt is growing6...

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Delaware Trustee Michael Joseph to Retire

Paul Chael

March 13, 2022

The debtors will miss him. The creditors will miss him. Even more, his colleagues will miss him. Michael Joseph has served as the Chapter 13 Trustee in Delaware since 1987. He is retiring March 31, 2022. He has served with competence and excellence. The debtors will miss him because he treated them with dignity and compassion. The creditors knew they...

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Use All Channels to Educate Bankruptcy Debtors

Cathy Moran

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The skills of a consumer bankruptcy lawyer must include a healthy dose of the skillset of a teacher. More on listening/communicating with Clients: Who Is Stupid Here? Why Listening Is a Bankruptcy Lawyer’s Superpower

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Meet Another New Trustee

January 20, 2019

On October 1, 2018, Dynele L. Schinker-Kuharich was appointed as a Chapter 13 Standing Trustee for the Northern District of Ohio. She maintains her offices in Canton. Ms. Schinker-Kuharich replaces retiring Toby Rosen who served in this position for 30 years. Prior to her appointment as a Standing Chapter 13, Schinker-Kuharich was on the panel of Chapter 7 Trustees for...

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Meet the Newest Trustee

February 16, 2020

Although she steps into very large shoes, Julie Philippi is a welcome addition to the Chapter 13 Trustee fraternity. Ms. Philippi was appointed as the Chapter 13 Standing Trustee for the Western District of New York on January 1, 2020. Those large shoes were left by retiring NACTT icon, Albert Mogavero. “Al” served as Standing Trustee for 42 years (yep,...

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Bankruptcy Threshold Adjustment and Technical Corrections Act

Henry E. Hildebrand, III

June 12, 2022

A new day is coming to high debt borrowers seeking to file Chapter 13 but confounded by the debt limits imposed by 11 U.S.C. § 109(e). Although debt limits have been increasing since the effective date of the Code in 1979, consumer debts have been increasing at a far more rapid rate. Starting in 2009, when the housing crisis first...

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From the Editor – Fair Debt Collection Practices Act

February 2, 2020

By The Honorable William Houston Brown (Retired) Class action certification on predominance. The Eleventh Circuit remanded, finding that the District Court had abused its discretion in refusing to certify a class on a predominance theory for former debtors who had obtained discharge of personal liability on residential mortgages and who asserted violations of the FDCPA by a loan servicer. The...

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Quick Confirmation – BAP Says Not So Fast

Hale Andrew Antico

September 25, 2022

Sahni v. Tajima (In re Tajima) 2022 WL 3354006 (9th Cir. BAP Aug 15, 2022)(unpublished) S.Klein J ISSUE Did the Bankruptcy Court err when confirming Chapter 13 plan? RULING Yes. FACTS This case involves the tension of litigation in bankruptcy causing delay, and the need to get a Chapter 13 plan confirmed quickly. Here, there was a dispute between debtors...

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