Section 302: Joint but Separate

“The ambiguity of § 302 raises the question:are jointly administered cases two separate estates? If jointly administered cases are two separate estates, are trustees doing it wrong?”

Unlock This Article

To get started, please let us know which of these best fits your current position:

Learn more about the membership.

Please sign in to continue reading this content.

Queneshia Fleming

Intern for Sylvia Ford Brown, Chapter 13 Trustee’s Office

Queneshia Fleming is a Memphis native and a recent graduate of The University of Memphis Cecil C. Humphreys School of Law. Queneshia is currently interning for Sylvia Ford Brown, Chapter 13 Trustee’s Office. She obtained her BA in Criminal Justice from the University of Memphis in 2015. Additionally, Queneshia is a former Memphis Police Officer who conducted long-term investigations as a Detective for the Organized Crime Unit’s Special Investigations Team 1. Despite Queneshia’s law enforcement background, she has been working to enter the legal business/corporate law field of practice. Queneshia even obtained her business certificate from Memphis School of law during her matriculation. Queneshia’s goal for her career is to give a voice to the voiceless, and to be the change that she wishes to see in her community.

Here’s How a Name Change Affects a Tax Return

March 10, 2019

When someone legally changes their name, there are tax consequences they need to know about, especially at tax time. People change their names for several reasons: Taking their spouse’s last name after a marriage Hyphenating their last name with their spouse’s after getting married Going back to their former name after a divorce Giving an adopted child the last name...

Critical Case Comment–Who is Responsible to Address Eligibility Questions?

April 3, 2022

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of TN (Nashville) Bankruptcy Court is under an obligation to examine the eligibility of a debtor to file Chapter 13 even where no party raises a timely, written objection. (Seibel) Preuss v. Perry (In re Perry), 7:20-cv-04617-CS (S.D. N.Y., Sept. 21, 2021) Case Summary Bruce Perry filed...

Members

Eligibility “Twofer”

Henry E. Hildebrand, III

July 14, 2024

These cases are of specific interest to creditors but debtor attorneys and trustees also should be aware. Chapter 7 debtor bears the burden of proof of demonstrating eligibility in order to convert to Chapter 13; such proof requires them to demonstrate that they have regular income adequate to fund a Chapter 13 plan. AND . . . Chapter 13 plan fails to satisfy the eligibility requirements if it depends upon gifts or loans to be feasible.

Members

Bankruptcy Protections Limited for Repeat Filers

January 13, 2019

By William H. Brown, Academy Editor & Advisor The First Circuit held that under § 362(c)(3)(A), upon the repeat filing by Chapter 7, 11 or 13 debtors within one year of dismissal of a prior pending case, the automatic stay terminates entirely on the 30th day after filing of the subsequent case as to the debtor, property of the debtor...

Members

Score One for the United States Bankruptcy Court in the Service of the African America Community[1]

August 11, 2019

By Selwyn D. Whitehead, Esq. Because inquiring minds need to know; below is a discussion of the Johnson Publishing Company, LLC’s Chapter 7 Liquidation Bankruptcy, Case No. 19-10236, which was filed in the United States Bankruptcy Court for the Northern District of Illinois, Eastern Division in Chicago on April 9, 2019, and its week-long auction from July 22-24, 2019. Here's...

Members

District of South Carolina

The Academy

May 28, 2023

Retirement of Judge David Robert Duncan

From the Editor

September 20, 2020

By The Honorable William Houston Brown (Retired) Chapter 13 debtors’ FDCPA claim was not “related to” bankruptcy case. After reopening closed case, the debtors filed adversary complaint against mortgage holders and servicers, alleging various claims for violation of discharge injunction, automatic stay and FDCPA. The complaint plausibly pleaded elements required for §§ 362(k) and 524(i), but the claims under FDCPA...

Members

From the Editor

April 7, 2019

By Wm. Houston Brown, United States Bankruptcy Judge (Retired) Attorney Fees - Chapter 13 debtor’s attorney not entitled to recovery under § 330 of fees that were incurred in defending prior attorneys’ sanctions motion. The debtor’s prior attorneys had sought to impose sanctions on the current attorney, and that attorney successfully defended against sanctions. However, the fees incurred by the...

Members

Critical Case Comment

October 18, 2020

By Henry E. Hildebrand, III, Chapter 13 Trustee (Nashville, TN) There is no requirement to show a change in circumstance in order to modify a Chapter 13 plan pursuant to § 1329. Whaley v. Guillen (In re Guillen), 2020 WL 5015287 (11th Cir. Aug. 25, 2020) (Marcus) Case Summary Rachel Guillen filed a Chapter 13 petition in August of 2015....

Members

The Student Loan Debacle: Causes & Cures

R. Michael Smith

September 18, 2022

As we observe the growing discussion over the tremendous amount of outstanding student loan debt, several points of clarification might do us well. There are those favoring relief for debtors now unable to pay their student loans. They have proposed various forms of relief, including several forgiveness programs and re-allowing such debts to be discharged in bankruptcy under more usual...

Members