Claims: Transfers, Address Changes, and Payee Switches

Claims: Transfers, Address Changes, and Payee Switches – Oh My!

In any given year Chapter 13 Trustees administer 400,000 to 500,000 cases and distribute almost $5 billion to creditors. A critical duty for trustees is to be sure that distributions are correctly delivered to an allowed claimant.

11 USC § 501 governs the filing of a proof of claim and 11 USC § 502 sets forth the requirements for allowance of claims. Fed.R.Bankr.P. 3001 and 3002 speak to form, content, and timing for filing claims. The rules . . .

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The NACTT Emeritus Trustees

Former Chapter 13 Standing Trustees

The NACTT Emeritus Trustee Committee is made up of former Chapter 13 Standing Trustees from all over the country: Michael Joseph, Isabel Balboa, Carl Bekofske, Herb Beskin, Chuck DeHart, Pete Fessenden, Mike Fitzgerald, Barb Foley, Nancy Grigsby, Mary Grossman, Jan Hamilton, James Henley, Howard Hu, Jan Johnson, Jeff Kellner, Tom King, John Logan, Judge Brian Lynch (retired), Mike Meyer, Bill Miller, Denise Pappalardo, Frank Pees, George Stevenson, and Robert Wilson.

No Gracie, LLCs May Not File Chapter 13

M. Jonathan Hayes

July 21, 2024

I did a little digging hoping to find out how in the world anyone could think that an LLC could file chapter 13. After all, chapter 13 can be filed only by an individual(s). Right? Or No??

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Saldana v. Bronitsky – POV Counter Point

Henry E. Hildebrand, III

December 8, 2024

In a point-counter-point to Cathy Moran’s Saldana v. Bronitsky article from last week, Hildebrand brings a slightly different perspective to the case which now appears headed to the Supreme Court. See also: Early Christmas Present for Chapter 13 Bankruptcy Attorneys

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Fraud Imputed to Partner – Bartenwerfer v. Buckley

The Honorable William Houston Brown

February 26, 2023

On February 22, the Supreme Court issued its opinion in Bartenwerfer v. Buckley, 598 U.S. _____, 2023 WL 2023 WL 2144417 (Feb. 22, 2023), affirming the Ninth Circuit’s decision and resolving “confusion in the lower courts on the meaning of § 523(a)(2)(A).”1 Two Justices joined the opinion with the understanding that the Court was only addressing fraud in the context...

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Good or Bad Faith?

Hale Andrew Antico

September 10, 2023

The Ninth Circuit BAP held that the chapter 13 debtors converted their case to Chapter 7 in good faith and therefore a post-petition inheritance was not property of the chapter 7 estate.

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Hanging Paragraph, Cars for Non-Personal Use, and PMSI

November 3, 2019

By Gretchen Holland, Standing Chapter 13 Trustee for the Greenville/Spartanburg Division of South Carolina The hanging paragraph of § 1325(a)(9) prevents bifurcation of a PMSI claim if the collateral securing it was purchased within certain time periods prepetition. A 910-day limitation applies to motor vehicles acquired for the debtor’s personal use. A one-year limitation applies to all other PMSI collateral,...

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How Does an Idea Become a Federal Rule of Bankruptcy Procedure?

Hon. Rebecca B. Connelly

August 4, 2024

This week, Judge Connelly brings Academy subscribers a real treat. Got a rule change idea? Learn how you can help shape the process. Submit your suggestions and be part of the evolution of bankruptcy procedure!

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Ask Ms. Ps & Qs

Nancy B. Rapoport

November 26, 2023

“ . . . how can I not write about an opinion that begins, “This is a case of sue first and ask questions later”? We all know that Judge Christopher Klein has a way with words and a precise and methodical way of approaching statutory analysis.”

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Critical Case Comment

June 13, 2021

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of TN (Nashville) In awarding attorneys’ fees in a Chapter 13 case, a court is not limited to establishing the fee by use of the lodestar method; fees for services rendered should be based on the reasonable and customary fees charged by other attorneys performing the same...

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Is Nunc Pro Tunc Really Sunk?

December 20, 2020

By James M. Davis, Staff Attorney to Chapter 13 Standing Trustee Henry E. Hildebrand, III (Nashville, TN) Bankruptcy Courts take determinations from the Supreme Court seriously. And rightfully so. But sometimes, some bankruptcy courts are guilty of reading too much into the Court’s statements. The latest example is the soul searching around “nunc pro tunc” (“now for then”) orders. Earlier...

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Critical Case Comment – Relief from Stay, Check; But Better Act Fast

Henry E. Hildebrand, III

August 27, 2023

A creditor having received relief from the automatic stay prior to confirmation of the debtor’s plan is nonetheless bound by the terms of the plan, once confirmed.

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