2022 Bankruptcy Procedure Year in Review: Revised Statute and Rules and Selected Cases Part 5 – Supreme Court Activity

Introduction

This series reviews developments in bankruptcy procedure during 2022. Amendments to 16 rules and one new rule took effect December 1, 2022. Many reflected 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.

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Brown & Ahern (Nashville, TN)

Larry Ahern is a partner in Brown & Ahern and is an Adjunct Professor of Law at Vanderbilt University (teaching Secured Transactions) and St. John’s University (Bankruptcy Procedure). He is a Fellow of the American College of Bankruptcy and the American College of Mortgage Attorneys and a Director of the Association of Insolvency and Restructuring Advisors. A Rule 31 Certified Mediator in Tennessee, he also holds national certification as a Business Bankruptcy Specialist by the American Board of Certification. Larry practiced bankruptcy and commercial law after his 1972 graduation from Vanderbilt until 2013, when he limited his practice to mediation and other alternate dispute resolution, consulting engagements by legal and financial professionals on legal issues involving bankruptcy, real estate and commercial law, expert testimony, writing, teaching, and speaking. In addition to his current teaching positions, he serves on the Advisory Board of the St. John’s Law School Bankruptcy LL.M. program and, in 2002, was Visiting Professor at Cumberland School of Law (Secured Transactions and Banking). He also chaired the American Board of Certification and the Tennessee Commission on CLE & Specialization and continues serving the ABC as Director Emeritus. Larry’s other professional affiliations include the American Bankruptcy Institute (former Director) and the Mid-South Commercial Law Institute (former Director and President). He is the author or co-author of 19 books and articles on bankruptcy and commercial law, with other articles pending, and he is a frequent speaker and writer.

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September 20, 2020
By The Honorable William Houston Brown (Retired) Chapter 13 debtor lacked “person aggrieved” standing to appeal objection to trustee’s final report. The bankruptcy court had overruled the debtor’s objection to the trustee’s final report, and debtor’s appeal was dismissed, with the Bankruptcy Appellate Panel finding that debtor lacked “person aggrieved” standing to appeal. Debtor’s objection had not included amount of...
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ahern_larry_regular
March 20, 2022
"Finality" in Bankruptcy When is an order within a bankruptcy case "final"? When must a party to the proceeding appeal within 14 days? When may a party either seek interlocutory review or sit back and wait until something more occurs to make the order final? Final orders are appealable. In civil actions, this is a relatively easy proposition to apply...
Members
Copy of Hildebrand-2016
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,...
Members
January 6, 2019
IRS issued the 2019 optional standard mileage rates used to calculate the deductible costs of operating an automobile for business, charitable, medical or moving purposes. Beginning on Jan. 1, 2019, the standard mileage rates for the use of a car (also vans, pickups or panel trucks) will be: 58 cents per mile driven for business use, up 3.5 cents from...
July 11, 2021
By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN) A prior servicer of a mortgage claim subsequently transferred to another servicer could be held liable if the transferor servicer provided inadequate or incorrect information to the transferee. (Aron) In re Bivens vs. NewRez LLC (In re Bivens), 625 B.R. 843 (Bankr. M.D. N.C., March 25, 2021) Case Summary...
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July 5, 2020
By Anthony J. Gomez, CPA, former extern to the Honorable John P. Gustafson, Northern District of Ohio at Toledo V. The Good Faith Requirement The hanging paragraph was enacted to protect creditors. It accomplishes this by prohibiting the bifurcation of certain secured debts that were acquired shortly before the time of filing. Despite a Chapter 13 debtor’s inability to bifurcate...
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Hayes Jury
June 16, 2024
A colleague of mine recently asked “what’s the difference between an adversary proceeding and a contested matter?” My immediate response was “very little.” But I decided to take a look at the rules so I can give a little more thoughtful answer the next time I’m asked.
Members
Copy of Hildebrand-2016
July 10, 2022
Failure of Chapter 13 debtors to satisfy post-petition property tax payments to the county, specifically required in the debtors’ Chapter 13 plan, renders the debtors ineligible for a discharge, even where the debtors proposed a loan modification to repay the mortgage creditor which had advanced the post-petition taxes. (Rodriguez) In re Villarreal, 2022 WL 1102223 (Bankr. S.D. Tex. April 12,...
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cohen3
October 29, 2023
“FFEL and Perkins loans are different than other federally backed student loans as these are owned by private lenders, but guaranteed by the government.”
McCormick2
In the fall of 2021, Michael McCormick provided subscribers with an EXCELLENT, expository, seven-part outline on mortgage escrow. This information is still relevant today.
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