Do I Really Have to Tell the Trustee About Newly Acquired Assets?

It has long been a vexing question for Trustees and attorneys alike: do Debtors have to disclose assets acquired post-petition? In a lengthy and well-documented opinion, Chief Bankruptcy Court Judge John Waites of South Carolina has presented his take on this issue and concluded, with some important exceptions, that they do not. The case is In re Thomas L. Boyd, Bankr. S.C., #13-02924-JW (7/17/20 opinion).

The Debtor filed his Chapter 13 case in May, 2013. In July, 2018, while still in Chapter 13, he suffered injuries from an . . .

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Herbert L. Beskin

Chapter 13 Standing Trustee for the Western District of Virginia (Retired) (Charlottesville)

Herbert L. Beskin practiced consumer bankruptcy law for 25 years in Charlottesville before being appointed a Chapter 13 Bankruptcy Trustee for the Western District of Virginia in 2003. He has been a Virginia CLE lecturer since 1993, has written articles for The Virginia Lawyer and The NACTT Academy’s website ConsiderChapter13.org, and has taught law related courses at both the University of Virginia and Piedmont Virginia Community College. From 1991 to 1997 he served on the Board of Governors of the Bankruptcy Law Section of the Virginia State Bar. He has co-authored two chapters of the Virginia CLE publication Bankruptcy Practice in Virginia: Chapter 7 practice in the 1st edition with Douglas Little, and Chapter 13 practice in the 2nd and 3rd editions with Judge Rebecca Connelly. Herb retired in 2023.

Per Capita Bankruptcy Filings Heat Map

November 24, 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...

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Critical Case Comment

March 28, 2021

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN) Section 1328(i) requires the court to consider the discharge provisions of §§ 1328(a) through (h) and the fact that incomplete personal residence mortgage payments or a forbearance do not preclude but do not compel a COVID-19 Discharge. (Tighe) In re Ritter, 2021 WL 864092 (Bankr. C.D. Cal. March 5,...

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New Judge Appointed

The Academy

September 8, 2024

Judges of the U.S. Court of Appeals for the 9th Circuit have appointed J. Barrett Marum as the next bankruptcy judge on the U.S. Bankruptcy Court for the Southern District of California.

The Gambling Debtor – What is a Chapter 13 Trustee to Do?

Stacey A. O’Stafy

January 28, 2024

Gambling was one of the earliest forms of entertainment, likely pre-dating recorded human history and before man invented minted currency. . . . gambling alone is not evidence of bad faith! Another article on this topic: If You’re Gonna Bet the Farm, Maybe Play Against the House

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Critical Case Comment– Reverse Mortgage May be Modified

Henry E. Hildebrand, III

May 22, 2022

A reverse mortgage, having fallen due as a result of the death of the borrower, is not protected from modification by the borrower’s heirs by virtue of § 1322(c)(2). (Halfenger) In re Sandoval, 2022 WL 982182 (Bankr. E.D. Wis. March 31, 2022) Case Summary Juan Sandoval filed Chapter 13 and proposed a plan which dealt with his principal asset, a...

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The VA Loan Trap: Broken Promises and New Hurdles for Veterans

Roberto Rivera

November 17, 2024

“The VA created a program to capture missed payments and "put them to the end of the loan," but they eliminated it. . . . Many Veterans were forced to accept loan modifications that increased their payments. Those who didn't accept or were denied modifications were promised a new program, VASP.”

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Ask Ms. Ps & Qs

September 27, 2020

By Professor Nancy Rapoport Dear Readers: The Academy staff has raised an important issue: Given the mental health issues associated with the pandemic, what should someone do when he or she sees a colleague lawyer in distress? Before we get to the ethics implications, let’s talk about the mental health issue itself. When people are under great stress, they try...

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Student Loans Debacle-Part II: Failure to Forgive – The Ticking Time-Bomb

R. Michael Smith

October 23, 2022

The recent push for student loan forgiveness has been met with increasing opposition. The rationales for not providing a generally applicable path for student loan forgiveness or cancellation have included arguments based upon imagined unfairness to those previously able to pay off their loans, which seems to be both short-sighted, as well as a “red herring” argument. It does not...

Ordinary Heroes Deliver Second Chances with Bankruptcy

July 28, 2019

By Robert (Bob) Schuman, Owner/Managing Broker, Network Financial Group I’m a mortgage broker. In that role, I see close up the immense relief that a homeowner feels when they file Chapter 13. They are no longer forced to deal with collection calls and a multitude of letters that are aggressive and intimidating, threatening to take their car, foreclose on their...

Critical Case Comment – The Now Infamous Castleman Case

Henry E. Hildebrand, III

August 20, 2023

Equity that accrues as a result of market conditions in debtor’s assets between the time of confirmation of a Chapter 13 plan and conversion to Chapter 7 constitutes property of the estate which may be administered by the Chapter 7 trustee.

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