While Chapter 7 Filings Continue to Decline, Chapter 13 Filings are Trending Slightly Upward

Recent headlines noted that March 2022 saw a 33.5% increase in bankruptcy filings over February. This could suggest the coming swell in bankruptcy cases anticipated since the start of the COVID pandemic. However, bankruptcy professionals recognize that consumer filings always spike in March (see chart). This phenomenon is usually attributed to the tendency to avoid filing in January and February so folks can receive and spend tax refunds, thereby avoiding the requirement to turn them over to the bankruptcy trustee. An additional factor is that by March, holiday bills and tax liabilities are coming due, and folks may . . .

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Hon. Kevin R. Anderson

United States Bankruptcy Judge, District of Utah (Salt Lake City)

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 also served on several national committees regarding Chapter 13 legislation, rules, forms, and policy. Judge Anderson has frequently written and presented on Chapter 13 issues, including for The Norton Bankruptcy Law Advisor, The ABI Journal, The NACTT Quarterly, and The NACTT Academy for Consumer Bankruptcy Education. He is also a Fellow in the American College of Bankruptcy. Prior to his appointment as Chapter 13 trustee, Judge Anderson practiced for thirteen years as a commercial litigator with an emphasis in civil fraud, real property, and representing Chapter 11 and Chapter 7 trustees. He also clerked for the Honorable David N. Naugle, Bankruptcy Judge for the Central District of California. Prior to law school, he worked for two years as a data system specialist testing military and commercial jet engines for General Electric.

Happy Thanksgiving

November 19, 2023

As our ‘thank you’ to our loyal readers, we bring you a completely non-password protected issue! ENJOY.

Here’s What People Should Know About Taking Early Withdrawals from Retirement Plans

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Taxpayers may need to take money out of their individual retirement account or retirement plan early. However, this can trigger an additional tax on top of other income tax they may owe. Here are a few key things for taxpayers to know: Early Withdrawals. An early withdrawal normally is taking cash out of a retirement plan before the taxpayer is...

How I Got Started

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My life in 1982 was in a bit of turmoil. I had recently gotten married and was working as in-house counsel for a regional furniture retailer. My position included a lot of collection work – beating up on debtors in state and bankruptcy courts. I was not unhappy but I was not comfortable with my work – it was clear...

Eastern District of Michigan

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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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A Creditor Win

Henry E. Hildebrand, III

October 20, 2024

Chapter 13 debtor that fails to provide adequate notice to a creditor is not discharged from liability on that obligation in a Chapter 13 case under § 523(a)(3).

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Surprise Sanctions: Case Highlights Critical Need for Due Process in Fee Reductions

Henry E. Hildebrand, III

June 2, 2024

Due process requires that before a Court imposes a reduction of unopposed attorney’s fees, notice and an opportunity to be heard is required.

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Critical Case Comment – Pre to Pre and Post to Post

Henry E. Hildebrand, III

March 5, 2023

Mortgage loan servicer violated mortgage agreement with debtor, the automatic stay, the confirmation order and Rule 3002.1 by applying debtor’s post-petition monthly mortgage payments pursuant to the contractual terms of the loan, thereby applying post-petition payments to the debtor’s pre-petition mortgage arrearage. (Cary) In re Pope, 647 B.R. 597 (Bankr. D. N.H. August 15, 2022) Case Summary In November of...

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Comparison of Annual Change in Chapter 13 Case Filings During the Beginnings of the 2008 and the 2020 Recessions

March 21, 2021

By The Honorable Kevin R. Anderson, United States Bankruptcy Court for the District of Utah Coming off the longest economic expansion in U.S. history, Chapter 13 filings were at their lowest levels since 2007. With the country entering a sudden and unanticipated recession in February of 2020, we expected to see Chapter 13 filing rates increase; however, the opposite occurred....

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4 Reasons to Keep Time Records No One Discusses

Cathy Moran

July 17, 2022

Mention keeping time records to a bankruptcy lawyer and you’re likely met with expressions of utter revulsion. All too many assert that the major appeal of being a bankruptcy lawyer is precisely that they don’t have to keep time. Between flat fee deals with clients, and no look fees in Chapter 13, they feel liberated from the clock and the...

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