“How Long, O Lord?”

By Angela M. Scolforo, Staff Attorney to Herbert L. Beskin, Chapter 13 Trustee for the Western District of Virginia

“How long?” is a common plea. When my children were young and we travelled they would ask, “how long before we get there?” In scripture we find David, Habakkuk and Zechariah (none of whom were Debtors’ attorneys) all crying out, “how long, O lord?” In the election news we hear from all sides, “how long until the votes are all counted?” We ask all the time of one another, “how long?”

The Bankruptcy Courts in Michigan have been grappling . . .

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Creditors may now be subject to more preference actions, especially for those cases filed in Indiana. The Seventh Circuit recently overturned long-standing precedent that the preference period on garnishment of attachment would no longer run from the date of service or knowledge of the attachment but when the funds were paid over. The Seventh Circuit Court of Appeals in Mark...

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By John P. Gustafson, United States Bankruptcy Judge, Northern District of Ohio, Western Division Click here for Part 1 B. The Duty To Disclose Post-Petition Causes Of Action. 1. The Waldron Decision. The 11th Circuit Court of Appeals considered the issue of whether or not a post-petition cause of action is . . . It looks like you are not...

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Critical Case Comment

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By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of TN (Nashville) In awarding attorneys’ fees in a Chapter 13 case, a court is not limited to establishing the fee by use of the lodestar method; fees for services rendered should be based on the reasonable and customary fees charged by other attorneys performing the same...

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“How Long, O Lord?”

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Related Articles

The Long Reach of R. 3002.1

Claims: Transfers, Address Changes, and Payee Switches – Oh My!

CFPB Announces Action Against Monster Loans, Lend Tech Loans, and Associated Student Loan Debt-Relief Companies

Getting Over the Finish Line: Not So Fast

Tax Deductions Hidden in Chapter 13

Home Equity Conversion Mortgages – Reversal of Fortune

Procedural Enlargement of Claims Bar Date

Preferences: When does the Clock Start Running?

Post-Petition Causes of Action, Inheritances and Windfalls Are Property of the Estate and Must Be Reported to the Trustee – Part 2 of 5

Critical Case Comment

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