Ms. Ps & Qs

By Nancy B. Rapoport, Garman Turner Gordon Professor of Law, Boyd School of Law, and Affiliate Professor of Business Law & Ethics, Lee Business School, William S. Boyd School of Law, University of Nevada, Las Vegas

Dear Readers:

My guardian angel, Regina Logsdon has asked a great question:what should you do when your “Spidey sense” tells you that your client might have diminished capacity?

First, as always, let’s look at the model version of the ethics rules. Model Rule 1.14

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Meet A Newish Trustee

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Tiffany M. Cornejo was appointed as the Chapter 13 Standing Trustee for the District of New Mexico on December 1, 2017. She took the reins from retiring Kelley Skehen. Ms. Cornejo received her Bachelor of Science in Journalism (B.S.J.) degree at the University of Kansas in Lawrence in 2002 and remained there to obtain her Juris Doctor in 2005. She...

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Score One for the United States Bankruptcy Court in the Service of the African America Community[1]

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By Selwyn D. Whitehead, Esq. Because inquiring minds need to know; below is a discussion of the Johnson Publishing Company, LLC’s Chapter 7 Liquidation Bankruptcy, Case No. 19-10236, which was filed in the United States Bankruptcy Court for the Northern District of Illinois, Eastern Division in Chicago on April 9, 2019, and its week-long auction from July 22-24, 2019. Here's...

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ABI Commission on Consumer Bankruptcy – Definition of “Tax Return” for Purposes of Nondischargeability

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By Henry E. Hildebrand, III and Sloan Hastings Section 523(a)(1) excepts from discharge taxes that are priority claims under § 507(a)(8). One of § 507(a)(8)’s provisions makes debts not dischargeable for income taxes requiring the filing of a tax return due during the three years prior to filing bankruptcy. It is this “recent years taxes nondischargeable” moniker that leads many...

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From the Editor – Discharge

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By The Honorable William Houston Brown (Retired) Failure to pay postpetition fees under Rule 3002.1 did not prevent discharge. The debtor had completed payments to the trustee and postpetition mortgage payments to the creditor, but she had not paid $1,370 in postpetition fees that had been asserted by the mortgage creditor and noticed to the debtor under Rule 3002.1. That...

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Courts are Expanding the Protections of Bankruptcy Rule 3002.1

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As a prerequisite to a claim’s payment, Rule 3002.1 requires certain secured creditors to provide to the trustee and the debtor notice of the full value of the secured creditor’s claim, including any “fees, expenses, and charges” related to the claim. Two bankruptcy courts have demonstrated a willingness to expand the reach of Rule 3002.1’s noticing requirements. These courts generally...

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From the Editor – Confirmation

March 8, 2020

By The Honorable William Houston Brown (Retired) Plan did not properly address 910 creditor’s liens. Finding that the plan did not satisfy one of the three options for addressing a secured claim under § 1325(a)(5), specifically failing to provide for the 910 creditor’s retention of lien, the Panel observed that in response to the creditor’s objection to confirmation, the debtors...

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From the Editor – Claims

October 20, 2019

By The Honorable William Houston Brown (Retired) Objection sustained to one-year late proof of claim. The mortgage creditor did not object to confirmation nor file a proof of claim until one year after the bar date in the Chapter 13 case. The trustee objected to the claim, which asserted a higher arrearage than provided for in the confirmed plan. Section...

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The Weak Link in the Means Test

Cathy Moran

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

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How to Build and Strengthen Your Chapter 13 Debtor Practice

The NACTT Emeritus Trustees

July 3, 2022

In these times of fewer case filings, it may be helpful to look at ways that debtor attorneys may build and strengthen their chapter 13 bankruptcy practice. The following are some recommendations and ideas from the Emeritus Trustee Committee:

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Related Articles

Meet A Newish Trustee

While Chapter 7 Filings Continue to Decline, Chapter 13 Filings are Trending Slightly Upward

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