Amending or Modifying that Chapter 13 Plan? Don’t be Pedantic, Just Do It!

By James J. Robinson, Chief United States Bankruptcy Judge, Northern District of Alabama Who appoints the standing chapter 13 trustee? The United States Trustee appoints the standing chapter 13 trustee for each judicial district where the UST system is in place, while the court appoints the standing chapter 13 trustee under the Bankruptcy Administrator program. See 11 U.S.C. § 1302...

By William J. Purdy III (Soquel, CA) Got an EDD tax form 1099 but no benefits? At this moment, POTENTIALLY hundreds of thousands of California taxpayers are enjoying the ghastly experience of receiving a Form 1099G courtesy of the California EDD for unemployment benefits the taxpayer never received. The problem is not confined to California; it’s so prevalent, the IRS...

While administering cases, Chapter 13 Trustees should carefully exercise their prosecutorial discretion. Trustee discretion is a powerful tool. It should be used wisely and consistently.  Trustees should have office policies in place fort heir attorneys and office staff.  What matters involve discretion? The UST Chapter 13 Handbook describes some: We asked the NACTT Emeritus Trustees for their thoughts and examples...

Just when you thought you figured out the means test, a debtor throws you a curveball. Like the Naked City, there are eight million means test stories out there. This is one of them. I was reviewing a petition that a young lawyer I mentor was prepared to file. The debtor is recently married and he and his bride each make...

Introduction This series reviews developments in bankruptcy procedure during 2022. Amendments to 16 rules and one new rule took effect December 1, 2022. Many reflected changes necessitated by the Small Business Reorganization Act of 2019 (SBRA),1 and have been in place in the same or similar form on an interim basis since that legislation took effect.