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?”

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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.

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By Riley F. Tunnell, Esq., Godwin Bowman PC (Dallas, TX) The COVID-19 pandemic is not the product of a single cause. So, our remedial efforts must address a myriad of causes and rapidly developing effects. The CDC believes that delaying the onset of the mass-eviction to a time when we may be better able to manage this virus is a...

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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...

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Escrow 101 – Part 2 of 3

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By Henry E. Hildebrand, III and Sloan Hastings Section 523(a)(1) excepts from discharge taxes that are priority claims under § 507(a)(8). One of § 507(a)(8)’s provisions makes debts not dischargeable for income taxes requiring the filing of a tax return due during the three years prior to filing bankruptcy. It is this “recent years taxes nondischargeable” moniker that leads many...

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By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN) Introduction Since April 1, 2020, many unemployed people in the United States have begun to receive "a recovery benefit" in the amount of $1,200.1 These payments, under the CARES Act2 stimulus program, were intended to provide some relief to suffering Americans. However, the most financially distressed Americans, perhaps with existing,...

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By Margaret A. Burks, Chapter 13 Standing Trustee for the Southern District of Ohio (Cincinnati) Chapter 13 works. Some people wish to continually criticize Chapter 13. They criticize the success rate. They criticize racial bias. They criticize how Chapter 13 works. They also criticize the fact that Chapter 13 appears less voluntary than it was before access to Chapter 7...

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Critical Case Comment – 3002.1 and Reverse Mortgages

Henry E. Hildebrand, III

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Critical Case Comment – Listing a Debt “Just in Case”

Henry E. Hildebrand, III

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An interesting decision – one we would like for you to weigh in on. Did the Judge get it right? Is this a win for Creditors? Is this yet another case that requires more work from Debtors’ Counsel? Let us hear from you.

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Avoidance Powers in Chapter 13 – Part 5 of 6

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By John P. Gustafson, United States Bankruptcy Judge, Northern District of Ohio, Western Division (Toledo, OH) Click here for Part 1 Click here for Part 2 Click here for Part 3

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