Bankruptcy Courts Grapple with the “COVID-19 Discharge” – Appendix B

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 Kagenveama reversed Pak, I have strong opinions.

The Circuit Executive for the Sixth Circuit announces that the U.S. Court of Appeals for the Sixth Circuit has selected Douglas L. Lutz as Bankruptcy Judge for the Eastern District of Kentucky to fill the vacancy created by the retirement of Bankruptcy Judge Tracey N. Wise. He took the oath of office on April 19, 2024.

Apparently, seventh time’s the harm. In this case, aggressive lawyering’ crosses the line.

This series focuses on four bankruptcy-related bills that were enacted during the 116th Congress and signed into law on August 23, 2019.1 One bill, the Small Business Reorganization Act of 2019 (SBRA),2 appears in its entirety in Appendix B to this series and was summarized in Part I,3 along with the other bills signed on the same day. SBRA deals on its face with a non-consumer topic, but as we have seen, it will be of interest to Chapter 12 and 13 trustees, who may be asked to serve as small business Chapter 11 trustees.

Charles A. Pisaturo, Jr., was appointed as the Chapter 13 Standing Trustee for the District of Rhode Island on January 1, 2023. “Charlie” maintains his office in Providence.