What’s It Worth to You?

If all the children in Lake Woebegon are above average, all the small businesses our clients run are quite valuable.If the Chapter 13 trustee is asking the question, anyway.

I rail when the Chapter 13 trustee’s business questionnaire asks, “how much would you sell your business for.”

Phrased that way, the question implicates all kinds of facts that aren’t in play in Chapter 13.

First, what would the debtor have to get to part with the business . . .

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Cathy Moran, Esq.

Head of Moran Law Group

Cathy Moran has headed her own small firm Moran Law Group in Redwood City, California, for over 40 years. Family law and tax issues as they play out in bankruptcy are areas of particular interest to Cathy.

Is 1328(i) Ultimately Terrible for Debtors?

February 7, 2021

By Ken Siomos, Staff Attorney for Marsha L. Combs-Skinner (Newman, IL) The December 2020 Consolidated Appropriations Act, 2021, more commonly known as the second covid-19 stimulus bill, contains a few bankruptcy related provisions, but none stood out more with respect to Chapter 13 than the newly created § 1328(i). This provision provides that a court may grant a full 1328(a)...

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Check Out the Dissent

Henry E. Hildebrand, III

May 11, 2025

Chapter 13 plan proposing to pay nondischargeable student loans under § 1325(b)(5) cannot be confirmed unless the plan proposes to devote all disposable income to the plan or all unsecured claims (including the student loans) are paid in full.

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Taekwondo Takedown: Chapter 7 Dismissed Over Discretionary Spending

Henry E. Hildebrand, III

September 22, 2024

The debtor’s family expense for nonessential taekwondo training and gym memberships demonstrated an abuse of Chapter 7 and the case would be dismissed unless converted to a Chapter 13.

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Delaware Trustee Michael Joseph to Retire

Paul Chael

March 13, 2022

The debtors will miss him. The creditors will miss him. Even more, his colleagues will miss him. Michael Joseph has served as the Chapter 13 Trustee in Delaware since 1987. He is retiring March 31, 2022. He has served with competence and excellence. The debtors will miss him because he treated them with dignity and compassion. The creditors knew they...

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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...

Of Tax Refunds, Exemptions, Setoffs, and Roman Gods

April 18, 2021

By Herbert L. Beskin, Chapter 13 Standing Trustee for the Western District of Virginia (Charlottesville) If you’re looking for a well-written and clear appellate opinion about a much-litigated topic, with a bit of ancient mythology thrown in for good measure, this HUD’s for you. The case is Wood v. U.S. Dept. of Housing & Urban Development (In re Larry and...

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Meet Another Trustee

February 10, 2019

In June of 2017 Michele T. Hatcher was appointed Chapter 13 Standing Trustee for the Northern District of Alabama, Northern Division. Ms. Hatcher replaces retiring Trustee Michael Ford. She maintains her office in the quaint Southern town of Decatur which is nicknamed “The River City” because it is on the banks of Wheeler Lake, along the Tennessee River. Prior to...

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NDC Small Sponsorship Program

The Academy

November 2, 2025

The National Data Center provides small sponsorships of up to $2,000 for educational consumer bankruptcy seminars, when approved pursuant to its guidelines and when funds are available.

From the Editor – Debtor’s Attorney

May 17, 2020

By The Honorable William Houston Brown (Retired) No attorney fees for Chapter 7 work in converted case. In a case that began as Chapter 7 and converted to Chapter 13, the debtor’s attorney sought fees for work in the Chapter 7 phase under § 330(a)(4)(B) rather than § 330(a)(1). The Court found the better interpretation of § 330(a)(4)(B)’s language “in...

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Reconversion to Chapter 13 – Betwixt and Between?

Michael B. Joseph

December 29, 2024

From January: “Is it possible to voluntarily convert a chapter 13 case to chapter 7, and later reconvert back to chapter 13? There is a split of authority on whether this maneuver is allowed.”

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What’s It Worth to You?

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Cathy Moran, Esq.

Head of Moran Law Group

Related Articles

Is 1328(i) Ultimately Terrible for Debtors?

Check Out the Dissent

Taekwondo Takedown: Chapter 7 Dismissed Over Discretionary Spending

Delaware Trustee Michael Joseph to Retire

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

Of Tax Refunds, Exemptions, Setoffs, and Roman Gods

Meet Another Trustee

NDC Small Sponsorship Program

From the Editor – Debtor’s Attorney

Reconversion to Chapter 13 – Betwixt and Between?

Academy

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