Cui Pro Bono?

Judge Gustafson and Daniel Tavera explore “Who Benefits” from work done in a Chapter 13 case, and they suggest that the title of this piece comes from an old-time radio show – “Yours Truly, Johnny Dollar” – one of the most popular radio shows in its day. It was a five-part show called “The Cui Bono Matter.” To hear a show, search for “Yours Truly, Johnny Dollar” on YouTube.

The Latin phrase, “cui bono?” asks the question: “who benefits?” “Pro bono” is a term often used for free legal services. If . . .

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The Honorable John P. Gustafson

United States Bankruptcy Judge, Northern District of Ohio

John P. Gustafson was appointed United States Bankruptcy Judge for the Northern District of Ohio in April 2014. In his former life, he was a bankruptcy law clerk, an associate and partner in a law firm representing both debtors and creditors, a solo bankruptcy practitioner representing debtors, banks and trustees, the staff attorney to a Chapter 13 trustee, and from October 2007 to April 2014 he was the Standing Chapter 13 Trustee for the Northern District of Ohio, Western Division. Judge Gustafson regularly writes and speaks on a variety of bankruptcy issues.

From the Editor – Dismissal

August 2, 2020

By The Honorable William Houston Brown (Retired) Marijuana connection required case dismissal. The Chapter 13 debtors owned interests in an entity that was engaged in litigation to recover damages for breach of contract related to growing and selling marijuana, and this connection required dismissal of the case. Continuing administration of the case “would likely require the trustee or the court...

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Choice of Staying in Chapter 13 or Converting to 7? Circuits Show It Makes a Difference

The Honorable William Houston Brown

March 31, 2024

Eighth Circuit, like the Ninth, has ruled that when Chapter 13 cases are converted to Chapter 7, any increase in a debtor's home value beyond exemptions and liens becomes part of the Chapter 7 estate. See also: Critical Case Comment – Post-Petition/Pre-Conversion Equity

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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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Chapter 13 Debtor Employment in the Marijuana Industry

Michael Gieseke

August 18, 2024

Bankruptcy Courts are beginning to get a whiff of the fringes of the marijuana industry. Namely, is it automatically bad faith for “Bud” to propose a plan when his income is derived from a perfectly legal (as far as the state is concerned) business? Attorney Gieseke brings Academy readers an up to date look at what courts are saying.

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Finding the Flaws in IRS Tax Liens

Cathy Moran

March 12, 2023

Lien perfection follows state law The secret tax lien attaches to all of a taxpayer’s property of any kind, wherever located. However, a tax lien is perfected against other creditors only by compliance with state laws on perfection of liens. AND during the pendency of a bankruptcy case, counsel only has to deal with the properly perfected tax lien. State...

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Fourth Circuit Overrules Own Precedent, Holds Certain Primary Residence Claims Can be Crammed Down in Chapter 13 Bankruptcies

October 20, 2019

(First published here on August 19, 2019. Used with permission.) By Daniel Cohn, Esq., Legal Department, Wells Fargo Bank, N.A. General Rule: No Primary Residence Mortgage Changes The general rule in bankruptcy is that debtors cannot cram down loans secured only by mortgages on their primary residences. But wait, “what’s a cram down?” you ask. For non-bankruptcy folks, a cram...

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Measuring Success in Chapter 13: Five Years Later

June 6, 2021

By Brian D. Lynch, Bankruptcy Judge, Western District of Washington Five years ago, I wrote an article for this publication, “Measuring Success in Chapter 13,”1 where I criticized some media and academics for repeating an outdated and misleading statistic about the success of chapter 13 cases. So it was disconcerting to see John Oliver recently on Comedy Central’s Last Week...

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From the Editor – Lien Issues

September 15, 2019

By The Honorable William Houston Brown (Retired) Legal rate of interest applies after foreclosure judgment. Applying New Jersey common law on merger, the mortgage was merged into a final order of judgment of foreclosure; therefore, the mortgage was no longer the basis for determining post- judgment interest. The debtor obtained a sale from which the mortgage creditor would be paid,...

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Fourth Circuit Examines Tenancy by Entirety

The Honorable William Houston Brown

May 19, 2024

The Fourth Circuit ruled that federal tax debts can affect one spouse's interest in such property, even if the debt isn't jointly held. They also clarified that the value of a debtor's share in this type of property isn't necessarily the fair market value of the whole property, but rather their interest in the tenancy.

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Critical Case Comment–Tardy Filed Stay Extension: Too Bad Too Sad

Henry E. Hildebrand, III

January 7, 2024

Court lacks authority to extend stay in a case with a one-time repeat filer within a year of the previous case especially where the matter is tardily raised.

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Cui Pro Bono?

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The Honorable John P. Gustafson

United States Bankruptcy Judge, Northern District of Ohio

Related Articles

From the Editor – Dismissal

Choice of Staying in Chapter 13 or Converting to 7? Circuits Show It Makes a Difference

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

Chapter 13 Debtor Employment in the Marijuana Industry

Finding the Flaws in IRS Tax Liens

Fourth Circuit Overrules Own Precedent, Holds Certain Primary Residence Claims Can be Crammed Down in Chapter 13 Bankruptcies

Measuring Success in Chapter 13: Five Years Later

From the Editor – Lien Issues

Fourth Circuit Examines Tenancy by Entirety

Critical Case Comment–Tardy Filed Stay Extension: Too Bad Too Sad

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