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Did You Really Rely Upon That?

September 11, 2022
The Mississippi Bankruptcy Court in The Huntington National Bank vs. Ashley Mosby, case #21-11614, adversary case #21-1028, on September 1, 2022, denied the bank’s request to declare a debt non-dischargeable because the bank did not rely upon the debtor’s false statement. In this case the Debtor purchased a 2020 Dodge Challenger, financed by the bank, without disclosing she intended to...
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The Smart Way to Cut Out the IRS

July 19, 2020
By Cathy Moran, Esq. (Redwood City, CA) Like so much in life, it’s all about timing. I revisited an older post here about delaying the filing of a bankruptcy til the New Year when the debtor expects to owe taxes in April. A Chapter 13 filed in January can include and pay the taxes associated with the tax year ending...
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Members
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A Pricey Lesson in Chapter 13 Fees

October 6, 2024
The district’s “no-look” fee is just a guideline for the court to assess what is reasonable for a debtor’s attorney to charge for filing a Chapter 13 case: the debtor’s attorney seeking something beyond it must prove that the fee is justified.
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Members
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Holiday Memories

December 22, 2024
We thought it would be enjoyable during this time of year to share some memories of the Holiday Season.
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Some Basics You Always Wanted to Know About the FCRA But Were Too Embarrassed to Ask

October 20, 2019
By Herb Beskin, Chapter 13 Trustee and Edward M. Wayland, Esq. (Charlottesville, VA) Trustees are not privy to the struggles of Debtors as they emerge from Chapter 13 and work to re-establish (establish?) their credit worthiness. A crucial factor in this process is the Debtor’s credit report. In this article, we discuss the Fair Credit Reporting Act (“FCRA”), the rules...
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Meet A New Twofer Trustee

September 22, 2024
Lilian G. Tsang was appointed as Chapter 13 Standing Trustee for the Eastern District of California on September 1, 2023. Then, on January 1, 2024, Lilian took on the Fresno and Bakersfield divisions.
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Retirement of the Honorable Guy R. Humphrey

February 18, 2024
Retirement of the Honorable Guy R. Humphrey
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In re Fulton: Seventh Circuit Affirms Its Position with Majority of Circuits on Passive Retention of Property as Violation of Sections 362 and 542

June 30, 2019
By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN) Introduction In In re Fulton,1 the Seventh Circuit has restated its position on passive violation of the automatic stay, holding that failure by the City of Chicago to turn over impounded vehicles after the owners' bankruptcy filings violated Bankruptcy Code sections 362 and 542. Fulton – Background and Ruling The...
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The PUMP Act

June 11, 2023
The U.S. Department of Labor (DOL) has released an updated Fair Labor Standards Act (FLSA) Minimum Wage Poster that covers employers’ new lactation accommodation obligations under the recently passed Providing Urgent Maternal Protections for Nursing Mothers (PUMP) Act.   The PUMP Act went into effect on December 29, 2022 and requires employers to provide nursing employees with reasonable accommodations, such as...
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Thoughts on Zealous Advocacy – Addendum: “Zeal” Case Summaries – Behavior – Part 5

August 9, 2026
Continuing your summer reading, Judge Norton shares with subscribers a three-part outline on zealous advocacy followed by a multi-part Addendum of case summaries broken into various categories. We believe you will enjoy this resource. This week we offer the second group of cases from the Addendum finishing up those dealing with behavior. Part 1 - History of Zealous Advocacy Part 2 - How Have Courts Discussed “Zealous Advocacy”? Part 3 - Practical Takeaways Part 4 – Case Summaries – Behavior
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