What Does “Following” Mean?

Section in 109(g)(2) of the Bankruptcy Code bars a debtor from filing a new case for 180 days if the Debtor voluntarily dismisses a case “following” a motion for relief. Not surprisingly, courts are split on how they interpret the word “following” as used in § 109(g)(2). After all, the word “following” is not limited to one definition, or even one part of speech for that matter – it can be used a preposition, a noun, a pronoun, an adjective, or a verb. There are several ways that courts have interpreted the term in connection with § 109 . . .

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Kara Gendron

Mott & Gendron Law

Kara Gendron is co-owner of Mott & Gendron Law, located in Harrisburg, Pa. In her spare time, she loves to explore nature – especially if it involves snorkeling – and hanging out with her four kids at Hershey Park or various sporting events. She is a frequent course planner and presenter for national and local bankruptcy law seminars. Kara has been practicing bankruptcy law exclusively since 2001 and focuses her practice on representing individuals, farmers, and small business owners in bankruptcy cases. Kara is board certified in Consumer Bankruptcy Law and a certified bankruptcy court mediator. In addition to her private bankruptcy law practice, she is a Chapter 7 Trustee and a Chapter 12 Trustee.

Kara is a Board Member of the National Association of Consumer Bankruptcy Attorneys (NACBA) and serves as NACBA’s Chair for the Circuit Leader Committee. Kara is on the Board of Directors for American Board of Certification (ABC) and is a long time Board member of the Middle District Bankruptcy Bar Association (MDBBA). Additionally, she is an Advisory Board Member of the American Bankruptcy Institute (ABI) Consumer Practice Extravaganza, an Advisory Board Member for the Middle District of Pennsylvania Bankruptcy Court, and an Advisory Board Member for the American Bankruptcy Law Journal Advisory Board (ABLJ), which is published by the National Conference of Bankruptcy Judges (NCBJ).

The Bankruptcy Moot Court Experience – Duberstein 2019

August 25, 2019

By Cameron Kelly & Michael Carroll, Law Students, The University of Texas School of Law I. Starting the Journey Instead of starting class by cold-calling people, Professor Westbrook chose to suspend my terror briefly. While I was thankful for the reprieve from what would inevitably be a disappointing cold call, I was more thankful for what he had to say....

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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Three Last Things Trustees Should Know About the Small Business Reorganization Act of 2019 – Part V

November 17, 2019

By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN) Introduction This series focuses on four bankruptcy-related bills that were enacted during the 116th Congress and signed into law on August 23, 2019.1 One bill, the Small Business Reorganization Act of 2019 (SBRA),2 appears in its entirety in Appendix B to this series and was summarized in

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What, Exactly, Is the Trustee’s Percentage Fee

Rebecca Herr

April 23, 2023

In recent years, a handful of cases have discussed the issue of what happens to the trustee’s percentage fee, collected from debtor plan payments, upon the dismissal or conversion of a case prior to confirmation. This is an emerging area of law, with decisions on both sides. However, with this new issue, there appears to be at least some confusion...

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The Hanging Paragraph – Hanging on Every Word Part 4 of 4

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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2020 Vision

February 14, 2021

By Jan Sensenich, Chapter 13 Standing Trustee for the District of Vermont I think it was in junior high school when I first started wearing glasses. I remember not liking the idea of having to wear glasses. I thought I could see just fine. As far as I knew, I was seeing what I needed to see. But I also...

Passing of Memphis’ Beloved Judge Kennedy

The Academy

December 3, 2023

The Honorable David S. Kennedy, retired Chief U. S. Bankruptcy Judge, Western District of Tennessee, passed away on November 26, 2023.

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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Measuring Success in Chapter 13: Successful Dismissals and Conversions

Honorable Brian D. Lynch

July 16, 2023

A. Introduction When should we regard dismissal or conversion of a chapter 13 as an unsuccessful bankruptcy? The arguments are familiar.Chapter 13 is the easiest, quickest, and cheapest way to stop foreclosures, repossessions, and garnishments by creditors.Desperate debtors can file a chapter 13 case without schedules, statements, or a plan and buy themselves a stay for a short period. And...

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New Fellows of American College of Bankruptcy

December 15, 2019

By William H. Brown, Editor and Advisor, Academy for Consumer Bankruptcy Education, Inc. (d/b/a ConsiderChapter13.org) Members of the Academy and regular speakers at NACTT’s annual seminars were recently elected as Fellows of the American College of Bankruptcy, representing recognition by the College of the important contributions by those in the consumer bankruptcy system. Newly elected Fellows, who are to be...