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.

Ask Ms. Ps & Qs

Nancy B. Rapoport

August 7, 2022

Dear Readers: When a judge issues a 28-page opinion sanctioning a lawyer, usually that means that the lawyer has done so many things wrong that he or she has caused the judge to roll up his or her respective sleeves (probably shirt-sleeves, although the image of robe-sleeves also works for me) to deal with the mess. And in Shiheiber v....

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Farewell to a Powerhouse of Energy!

Sylvia Ford Brown Esq.

September 29, 2024

When you hear the words “gone too soon,” it is usually related to death. Fortunately, that is not the case here. Pamela Simmons Beasley, Chapter 13 Trustee for the District of South Carolina in Columbia, made an indelible impression on me and the NACTT. We will miss you, Pam!

Ask Ms. Ps & Qs

December 8, 2019

By Professor Nancy Rapoport Dear Readers: I know, I know—I’ve been absent from this column for a while,1 but I’ve found a set of cases that intrigued me, so here goes. In several cases, bankruptcy courts here in Nevada have made it clear that lawyers should do a better job of proving up their fees (and proofreading them), especially when...

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Justice Sotomayor’s Direction in Fulton Becomes Reality in Amended FRBP 7000(1)(A)

Karen D. Visser

April 6, 2025

After Fulton cast doubt on how Chapter 13 debtors could recover vehicles repossessed before filing, a 2024 amendment to Rule 7001 clarified the issue.

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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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2022 Bankruptcy Procedure Year in Review: Revised Statute and Rules and Selected Cases Part 10 Once Again: The Supreme Court Hands Down a Procedure Rule in Dupree v. Younger

Lawrence R. Ahern, III

June 11, 2023

Introduction This series reviews developments in bankruptcy procedure during the past year. One new rule and amendments to 16 rules took effect December 1, 2022. Many reflected changes necessitated by the Small Business Reorganization Act of 2019 (SBRA), and had been in place in the same or similar form on an interim basis since that legislation took effect.

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From the Editor

March 24, 2019

By Wm. Houston Brown, United States Bankruptcy Judge (Retired) Discharge - Direct mortgage payments unpaid by debtor were not “provided for” in plan. The confirmed plan stated that the debtor would directly pay two home mortgages to the credit union, but there was no specification of payment terms or other treatment of those mortgages. At the time of confirmation, the...

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Musings from a Hapless BAP Law Clerk: Part 1 – Getting Started

M. Jonathan Hayes

May 4, 2025

A new series from Attorney Jon Hayes. “I expect to cover every aspect of appeals carefully over the next couple months. Part 2 will have my thoughts on how to choose a good case to appeal.”

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Small Business Reorganization Act…(“SBRA”) H.R. 3311 – Part Three

October 6, 2019

By Jan Hamilton, Chapter 13 Standing Trustee (Topeka, KS) Click here for Part One Click here for Part Two What needs to be in a plan filed in a case under the SBRA? Start with the statute…1 A. Contents of Plan2 Comparison of “Contents . . . It looks like you are not signed in or registered! This content is...

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Who Gets Grannie’s Cash – Grannie or the Bankruptcy Trustee?

Cathy Moran

February 13, 2022

When there’s a joint bank account and a bankruptcy filing, good intentions can quickly go sour. The bankruptcy trustee sees a pile of money in the bank to which the debtor has access, even though the account also bears the name of someone not in bankruptcy. If the debtor can get the money, the trustee contends, so can a bankruptcy...

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