Amended Rule 2002(a)(5) – Who Gets Served and Who Petitions the Court for Change?

By Phil Lamos, Chief Legal Counsel, Office of the Chapter 13 Trustee Lauren A. Helbling (Cleveland, OH)

Bankruptcy Rule 2002(a)(5) directs that 21 days’ notice must be given of the “time fixed to accept or reject a proposed modification of a [Chapter 13] plan.” But to whom must notice be given? Specifically, which creditors need to be given notice? This is a question that has troubled parties for years. Does a modification have to be served on all creditors, or only creditors who have filed proofs of claim? Some parties have served all scheduled creditors, while . . .

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Meet the New Trustee

November 1, 2020

Lloyd T. Kraus was appointed as a Chapter 13 Standing Trustee for the Eastern District of Texas on August 1, 2019. While Kraus loves his job, he would much rather still be serving as a staff attorney to his best friend and mentor John Talton. Talton was tragically killed in a traffic accident in October of 2018. Kraus received his...

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A Sappy Farewell to Jeff Kellner as the Dayton Chapter 13 Trustee

September 29, 2019

By The Honorable Guy R. Humphrey, Southern District of Ohio It is with heavy hearts that we in Dayton, Ohio say our farewells to Jeff Kellner as our Chapter 13 Trustee. Jeff will be concluding his duties as the Trustee on September 30th and handing the reins over to John Jansing on October 1st. Listing Jeff’s contributions to the bankruptcy...

Diane Cipollone

The Academy

March 6, 2022

Diane Cipollone is an attorney and a qualified expert on mortgage servicing and loan origination matters. While Diane no longer provides expert testimony, she continues to consult with consumer attorneys; trains attorneys, court mediators, housing counselors and fair housing advocates on foreclosure prevention guidelines and federal mortgage regulations; and mentors pro bono attorneys and non-profit housing counselors. She has presented...

Practice Pointers for Arguing Motions

December 6, 2020

By William Sawyer, Chief U.S. Bankruptcy Judge for the Middle District of Alabama (Montgomery) (Used with permission. Court News and Views, Volume 18, October 2020) Lawyers who practice regularly in bankruptcy court invariably make many appearances at motion dockets. This article provides practice pointers to lawyers who do not practice often in this Court to familiarize them with our procedures...

Yet Another Reason Why the Means Test is “Broken”

Thomas D. DeCarlo

December 18, 2022

The Bankruptcy Code produces some difficult results. Sometimes those results pass difficult and extend into problematic. The Bankruptcy Court for the District of Idaho crossed well over difficult in In re Clifford, 2022 WL 16727279 (Bankr. D. Id. 2022). The question addressed in Clifford is one that comes up in every Chapter 13 case – how do we calculate “Current...

From the Editor

March 24, 2019

By Wm. Houston Brown, United States Bankruptcy Judge (Retired) Discharge - Paying more than original loan balance would be undue hardship. The 59-year old debtor employed in aging and disability services couldn’t maintain a minimal living standard without discharge of substantial portion of student loan debt. The Court identified factors included in “minimal standards” in modern American society and found...

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Critical Case Comment – Time is of the Essence

Henry E. Hildebrand, III

May 21, 2023

Chapter 13 plan cannot be modified to treat a priority claim as general unsecured after the time for reconsideration of the order has passed. (Easterbrook) Matter of Terrell, 39 F.4th 888 (7th Cir. July 12, 2022) Case Summary The Terrells’ Chapter 13 plan proposed a classification to pay the State of Wisconsin in full as a priority claim because, they...

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Critical Case Comment – No Approval No Pay

Henry E. Hildebrand, III

May 15, 2022

It is incumbent upon nonbankruptcy attorneys, including personal injury attorneys, to verify on PACER that their client is not a debtor and that the cause of action as to which they represent their client is not property of the estate; failure to obtain approval of the bankruptcy court for representing a debtor or settlement of a personal injury action is...

Assessable Yet Not Assessed Taxes Could Cost You a Malpractice Claim

August 1, 2021

By Cathy Moran, Esq., (Redwood City, CA) Eighteen years elapsed between the close of the 2003 tax year and the Tax Court’s 2021 decision Barnes v. Comm'r, T.C. Memo. 2021-49 (U.S.T.C. May 4, 2021) regarding the debtors’ 2003 tax liability. While the most recent decision in the debtors’ battle with the IRS challenged the discretion of a tax officer in...

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The Weak Link in the Means Test

Cathy Moran

August 27, 2023

The bankruptcy means test, designed to keep people out of bankruptcy, has a fatal weakness. . . . it’s health care.

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