For Whom Does the Bell Toll?

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 times faster than the nation’s economy. As the student loan crisis grows, bankruptcy courts have a . . .

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Sua Sponte Sanctions Held to Higher Standard

Cathy Moran

January 14, 2024

9th Cir. BAP erected high bar for sanctions. And, interestingly, at the heart of the BAP’s decision was the very fact that BAP decisions are not binding.

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Critical Case Comment – What Does a Tax Return Really Tell Us??

Henry E. Hildebrand, III

May 7, 2023

Chapter 13 debtor has no obligation to voluntarily disclose changes in income or the acquisition of post-petition assets absent a request from a party in interest for such information. (Kendig) In re Poe, 2022 WL 3639415, (Bankr. N.D. Ohio August 22, 2022) Case Summary Mr. Poe filed a Chapter 13 petition in March of 2019. At the time of filing,...

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Critical Case Comment

Henry E. Hildebrand, III

April 17, 2022

In re Galloway, 2022 WL 1017951 (Bankr. N.D. Ill. April 5, 2022) A Chapter 13 trustee’s final audit and notice of completion of payments is not necessary or a precondition to the court granting a discharge to a debtor who has satisfied the requirements of § 1328. (Judge Thorne) Case Summary Tara Galloway filed a Chapter 13 petition in May...

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The Hunt for Deductible Interest – Money Too Often Left on the Table

February 16, 2020

By Cathy Moran, Esq. (Redwood City, CA) One of the mysteries of Chapter 13 is why mortgage lenders don’t send an IRS 1098 for mortgage payments made through a Chapter 13 plan. And without that reminder piece of paper, our clients don’t realize that much of what the trustee pays to mortgage creditors is deductible interest. Miss that deduction and...

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The Kill Switch and The Stay

July 11, 2021

Kara K. Gendron, Esquire, Mott & Gendron Law (Harrisburg, PA) A “kill switch” is a device which can be used to disable a machine or program. They have been used for years in a myriad of safety measures, such as shutting down machinery in the event of an emergency, or to prevent the theft of a machine or data. Some...

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Forced Vesting by Any Other Name – Just Might Work

August 4, 2019

By Academy Staff Those who have been around consumer bankruptcy for a while remember the halcyon days when a Debtor surrendered property in the Plan; Plan was confirmed; lender would foreclosure and file its deficiency claim; Debtor would complete the Plan; and obtain a discharge of all unsecured debts including the deficiency balance. Lenders were able to realize on the...

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In the Trenches: Secrets to Settlement – Competency in the Courtroom Part 3 of 3

June 23, 2019

By Jan Hamilton, Chapter 13 Trustee (Topeka, KS) Click here for Part 1 of 3 Click here for Part 2 of 3 19. In the Courtroom ― Leading Questions Learning how to conduct a direct examination of your witnesses is the cornerstone to your case. Early . . . It looks like you are not signed in or registered! This...

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Legal Aid and Who Are Our Chapter 13 “Customers”

January 10, 2021

By Rachel Jones, Staff Attorney to Chapter 13 Standing Trustee Chris Micale, Western District of Virginia (Roanoke) The events of 2020 have had a devastating impact on the very low-income population. The working poor are struggling, particularly those working in sectors such as hospitality and tourism. State and Federal funding and local programs such as food banks and community action...

Critical Case Comment – Prime vs. Riskless Treasury Rate

Henry E. Hildebrand, III

May 28, 2023

In determining the appropriate “present value” factor to be added to the payment of a secured claim in a Chapter 12, the Court should look at the “riskless” treasury rate rather than the “prime rate” before enhancing it with a risk factor. (Ebinger) Farm Credit Services of America v. Topp, 2022 WL 2981590 (S.D. Iowa, July 19, 2022) Case Summary...

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Ask Ms. Ps and Qs

May 10, 2020

By Professor Nancy Rapoport, University of Nevada Dear Readers: Regina Logsdon has just asked me a great question: In this new world of Zoom, is it okay to record meetings? Video and audio? Permission needed? Does it vary state to state? We are living in a new normal, and video conferencing will continue to be part of our lives even...

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