Is Your Law Practice Evolving to Incorporate New Technology

By Jay Fleischman, Managing Attorney at Money Wise Law (Los Angeles, CA)

When the world was forced to adjust to new routines in March 2020 due to the global pandemic, I was instantly struck by how little my professional life changed. I’d worked remotely for over a decade, and my systems and procedures didn’t change.

Sadly, the same couldn’t be said for many of my fellow consumer bankruptcy lawyers. I watched many of them struggle with remote videoconferencing solutions and cloud-based applications, learn . . .

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Honorable Kevin R. Anderson, U.S. Bankruptcy Court District of Utah

April 7, 2019

Prior to his appointment as a bankruptcy judge for the District of Utah in September of 2015, Judge Anderson served for seventeen years as the Standing Chapter 13 Trustee for the District of Utah. During this time, he administered over 70,000 Chapter 13 cases. Judge Anderson was elected president of the National Association of Chapter 13 Trustees (NACTT), and he...

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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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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Turnover by Motion? How About Under Rule 6008?

February 28, 2021

By Joseph A. Bledsoe, III (“Jody”), Chapter 13 Standing Trustee for the Eastern District of North Carolina (New Bern) In the aftermath of City of Chicago v. Fulton, discussions abound as to whether it is sufficient for a chapter 13 debtor to seek return of his vehicle, repossessed prepetition, via a motion for turnover. Most seem to believe a motion...

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Avoidance Powers in Chapter 13© – Part 6 of 6

February 3, 2019

By John P. Gustafson, United States Bankruptcy Judge, Northern District of Ohio, Western Division (Toledo, OH) Click here for Part 1 Click here for Part 2 Click here for Part 3

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Declining Cases and Increasing Judicial Vacancies

Kevin R. Anderson

February 18, 2024

With facts and graphs, Judge Anderson discusses lowest filing levels since ’85, the impact of filings on judgeships, weighted caseloads, judicial vacancies, and recall judges.

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Creditors’ Rights and Debtors’ Protections at the Intersection of Consumer Bankruptcy and UCC Article 9 – Part IV

October 4, 2020

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN) PART IV – INTRODUCTION TO CONSUMER FORECLOSURE PROCEDURES 2020 portends a flood of bankruptcy filings. In the consumer bankruptcies, trustees and debtors' counsel often are uncomfortable with the rules in Article 9 of the Uniform Commercial Code (UCC). In this space, we have looked at topics involving the interplay of...

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New Chapter 13 Standing Trustee

The Academy

August 25, 2024

Acting United States Trustee Gerard R. Vetter has selected Dawn Hardesty to replace retiring chapter 13 standing trustee Pamela Simmons-Beasley, effective October 1, 2024.

Interspousal Claims Live On and On and On

Cathy Moran

April 21, 2024

Even when the contentions against a debtor spouse sound in fraud, breach of fiduciary duty, or intentional tort, the claims of the debtor’s spouse survive a Chapter 7 discharge.

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Critical Case Comment – Creditor Not Required to Dismiss Prepetition Nonbankruptcy Action

November 14, 2021

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of TN (Nashville) The automatic stay does not require a creditor pursuing a prepetition nonbankruptcy court action to dismiss that action once a bankruptcy case is filed; requesting continuances and attending status conferences do not constitute “continuation” of the prepetition action for purposes of the automatic stay....

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