Weighted Caseload: Why It Matters and How It Works and Doesn’t Work

“Currently, if a district’s weighted caseload is below one-thousand per the number of judges in that district . . . in all probability, recommend that the circuit not replace the judge.”

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Honorable Brian D. Lynch

United States Bankruptcy Judge for the Western District of Washington, Tacoma Division

Honorable Brian Lynch was sworn in as a United States Bankruptcy Judge for the Western District of Washington, Tacoma Division, on June 1, 2010. He served as Chief Bankruptcy Judge of the District from October 1, 2014 to September 30, 2019., and served as Chair of the Conference of 9th Circuit Chief Bankruptcy Judges in 2017. Prior to his appointment, he served as the Standing Chapter 13 Trustee for the Portland Division of the District of Oregon, and as the Standing Chapter 12 Trustee for the District of Oregon. And in 2018, he was the recipient of the National Association of Chapter 13 Trustees Hon. Ralph Kelley Award.

Meet the New Trustee

October 3, 2021

Jack N. Zaharopoulos was appointed as the Chapter 13 Standing Trustee for the Middle District of Pennsylvania on May 1, 2021. He succeeded Charles DeHart after his retirement. After graduating from Marquette Law School in Milwaukee in 2002, Zaharopoulos worked at a general practice firm, doing debtor and creditor bankruptcy work, family law, and even some criminal cases. After gaining...

Critical Case Comment – A Mixed Bag of Inheritance

Henry E. Hildebrand, III

June 18, 2023

When a debtor fails to disclose a post-petition asset as required by Local Rule and the terms of her plan, the trustee may seek a modification of the plan notwithstanding the expiration of the applicable commitment period; the best interest of creditors test applies only at commencement of the case and not to a plan modification; a trustee’s motion to...

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The Long Reach of R. 3002.1

Cathy Moran

August 20, 2023

What are the consequences of a secured lender’s failure to comply with R. 3002.1 in a prior case when the debtor files again? Significant, it seems. . . . since their attorney said he “didn’t see the need” to do so. [Can you guess, now, how this comes out?]

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Is This Corporation Really Separate from Its Owners: A Checklist

Cathy Moran

October 1, 2023

In a perfectly executed world, clients who do business via an entity like a corporation or LLC would arrive with their business lives neatly separated from their personal lives. However, that’s not the world I practice in. It’s probably not yours, either. Instead, I have to sleuth out the facts, and compare them to the individual’s version. I see prospective...

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Critical Case Comment – Fourth Circuit Says Easy-Peasy

Henry E. Hildebrand, III

September 24, 2023

In calculating projected disposable income, 13 debtor may deduct entire mortgage payment notwithstanding amount exceeds the housing allowance as established by the IRS Financial Standards Allowance.

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Critical Case Comment – 10th Circuit Says No Default Cures After Month 60

October 24, 2021

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN) Chapter 13 debtor cannot submit missed payments to the trustee after the 60-month term of the plan has ended in an effort to cure defaults in the plan. (Bacharach) Kinney v. HSBC Bank USA, N.A., 5 F.4th 1136 (10th Cir. July 23, 2021) Case Summary Margaret Kinney filed a...

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Tax Time Guide: Contribute to an IRA by April 15 to claim it on 2018 tax returns

March 24, 2019

3/19/19 IRS reminded taxpayers that it’s not too late to contribute to an Individual Retirement Arrangement (IRA) and still claim it on a 2018 tax return. Anyone with a traditional IRA may be eligible for a tax credit or deduction on their 2018 tax return if they make contributions by April 15, 2019. This news release is part of a...

Upwardly Mobile: An Analysis of the Telecommunications Deduction Line on the Means Test

Kara K. Gendron

September 17, 2023

“Perhaps the most obvious problem with this instructional language is that it refers to outdated services.”

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All Taxpayers Should Plan Ahead for Natural Disasters

June 9, 2019

Floods, wildfires, hurricanes, tornados and other natural disasters happen quickly and often with little warning. No one can prevent these disasters from happening, but people can prepare for them. Here are some things taxpayers can do to help protect their financial safety should a disaster occur. Taxpayers should: Update emergency plans. A disaster can strike any time. Personal and business...

Critical Case Comment

August 1, 2021

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN) While the debtors failed to meet the high threshold to establish excusable neglect to permit their claim filed on behalf of a creditor after the bar date to be allowed, where a Chapter 13 case is dismissed and then reinstated prior to the expiration of the bar date, the...

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