Conflicting Interpretations: A Chapter 13 Trustee’s Compensation After Pre-Confirmation Dismissal or Conversion* Part 3 of 3

(Used with expressed permission from the MI Bankruptcy Journal and the Steven W. Rhodes Consumer Bankruptcy Conference)By Brittani Bushman, Judicial Law Clerk to the Hon. John T. Gregg, United States Bankruptcy Court for the Western District of Michigan

B. Illustrative Decisions (Minority Approach)

The Bankruptcy Appellate Panel for the Ninth Circuit recently issued a comprehensive unpublished decision adopting the minority approach, holding that § 586(e) is unambiguous and the "plain language of § 586(e)(2) means that a standing trustee is entitled to the statutory fee . . .

It looks like you are not signed in or registered! This content is only available to members.

Or Sign In Below:

Brittani Bushman

Judicial Law Clerk to the Hon. John T. Gregg, United States Bankruptcy Court for the Western District of Michigan

Brittani Bushman is ajudicial law clerk to the Hon. John T. Gregg in the United States Bankruptcy Court for the Western District of Michigan.She received her J.D. from Albany Law School and obtained an undergraduate degree in Family, Consumer and Human Development, with an emphasis in Family Finance from Utah State University. Ms. Bushman passed the July 2021 Uniform Bar Exam and her application for bar admission is pending.

While in law school, Ms. Bushman was a judicial extern for Judges Kevin R. Anderson,William T. Thurman, and Joel T. Marker at the United States Bankruptcy Court for the District of Utah, an intern at the United States Trustee office in Albany, New York, and a law clerk for Chapter 7 Trustee Marc Ehrlich in Troy, New York. She also received the prestigious Distinguished Bankruptcy Law Student Award for the Second Circuit from the American College of Bankruptcy.

Prior to law school, Brittani worked as a personal financial counselor and educator, where she advised numerous individuals and families on their financial circumstances and often helped her clients get out of debt, improve their credit, or evaluate the benefits of bankruptcy. This experience led Ms. Bushman to her interest in bankruptcy law.

Two Final Observations about the SBRA – Part IX

February 23, 2020

By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN) Introduction This series has focused on the four bankruptcy-related bills that were enacted during the 116th Congress and signed into law on August 23, 2019. One bill, the Small Business Reorganization Act of 2019 (SBRA), became effective February 19, 2020. It appears in its entirety in Appendix B to this...

Members

Hanging Paragraph, Cars for Non-Personal Use, and PMSI

November 3, 2019

By Gretchen Holland, Standing Chapter 13 Trustee for the Greenville/Spartanburg Division of South Carolina The hanging paragraph of § 1325(a)(9) prevents bifurcation of a PMSI claim if the collateral securing it was purchased within certain time periods prepetition. A 910-day limitation applies to motor vehicles acquired for the debtor’s personal use. A one-year limitation applies to all other PMSI collateral,...

Members

Teaching Old Dogs New Tricks: New Ideas for Treatment of Student Loans in Bankruptcy

May 12, 2019

By Robert B. Branson and Tammy Branson, Branson Law PLLC (Orlando, FL) Congress’ goal of bankruptcy is for the honest debtor to get a fresh start. Since most federally guaranteed student loans are nondischargeable, the current outcome is a “false start” instead of a fresh start. Resolving a $1.5 trillion student loan crisis is problematic in that the caselaw was...

Members

Eviction Diversion Programs and Chapter 13 Bankruptcy

February 3, 2019

By Edward C. Boltz, The Law Offices of John T. Orcutt (Durham, NC) (Originally published in pertinent part at ncbarblog.com, December 19, 2018) With the publication of Evicted: Poverty and Profit in the American City, author Matthew Desmond has brought increasing attention both nationwide and in North Carolina to the growing eviction crisis. With . . . It looks like...

Members

When the Trustee Gets Subpoenaed

August 15, 2021

By Karin N. Amyx, Staff Attorney to Chapter 13 Trustee Carl Davis (Wichita, KS) Trustees possess a variety of sensitive information that could be useful to litigants in contract disputes, divorce and child custody matters, insurance litigation or criminal prosecution. Additionally, debtors, creditors or third parties may be interested in the trustee’s internal operating procedures or legal position on disputes...

Members

Kristina Stanger and Jessica Hopton Youngberg

November 3, 2019

Kristina Stanger is an attorney and shareholder at Iowa’s Nyemaster Goode, P.C. She is also a combat-experienced Lieutenant Colonel in the Iowa Army National Guard. She is currently one of Iowa’s highest ranking females and is the Chief of Plans and Operations for the Iowa Army National Guard. Jessica Hopton Youngberg is Senior Staff Attorney for Veterans Legal Services in...

13 documents by Independence Software – Encrypted and Scans for PII

December 6, 2020

13 documents by Independence Software – Identity theft is a real and constant threat when transmitting information through the Internet. For Trusteeships, using e-mail to receive documents from the debtor bar is insecure, placing sensitive debtor information at risk. Founded in 2011, 13 Documents is unlike other filing systems — it is a complete document management solution for your Trusteeship...

Amended Rule 2002(a)(5) – Who Gets Served and Who Petitions the Court for Change?

November 22, 2020

By Phil Lamos, Chief Legal Counsel, Office of the Chapter 13 Trustee Lauren A. Helbling (Cleveland, OH) Bankruptcy Rule 2002(a)(5) directs that 21 days’ notice must be given of the “time fixed to accept or reject a proposed modification of a [Chapter 13] plan.” But to whom must notice be given? Specifically, which creditors need to be given notice? This...

Members

The Extent of 362(c)(3)’s Stay Termination: Bankruptcy Court Adds an Argument to the Debate

June 28, 2020

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN) Introduction In In re Dao,1 Bankruptcy Judge Christopher Klein on May 11 ruled on an issue on which the circuits are split and certiorari is pending.2 Judge Klein agreed with the majority view that, under paragraph 362(c)(3) of the Bankruptcy Code, the automatic stay terminated 30 days after the order...

Members

2022 Bankruptcy Procedure Year in Review: Revised Statute and Rules and Selected Cases – Part 3 Rules Related to SBRA (Continued)

Lawrence R. Ahern, III

December 4, 2022

Introduction This series reviews developments in bankruptcy procedure during 2022. Amendments to 16 rules and new one new rule take effect December 1, 2022, absent Congressional action. Many reflect changes necessitated by the Small Business Reorganization Act of 2019 (SBRA),1 and have been in place in the same or similar form on an interim basis since that legislation took effect.

Members