Motions to Recuse the Bankruptcy Judge

Although few are filed, and rarely granted, motions for the recusal of a bankruptcy judge are quite serious. We asked our Emeritus Trustee Committee for their opinion and comments on recusal motions.

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The NACTT Emeritus Trustees

Former Chapter 13 Standing Trustees

The NACTT Emeritus Trustee Committee is made up of former Chapter 13 Standing Trustees from all over the country: Michael Joseph, Isabel Balboa, Carl Bekofske, Herb Beskin, Chuck DeHart, Pete Fessenden, Mike Fitzgerald, Barb Foley, Nancy Grigsby, Mary Grossman, Jan Hamilton, James Henley, Howard Hu, Jan Johnson, Jeff Kellner, Tom King, John Logan, Judge Brian Lynch (retired), Mike Meyer, Bill Miller, Denise Pappalardo, Frank Pees, George Stevenson, and Robert Wilson.

Complete Termination of The Automatic Stay Under §362(c)(3)(A) According to the First Circuit

March 3, 2019

By Carri Hayden Johnson, Staff Attorney to O. Byron Meredith, Chapter 13 Trustee (Savannah, GA) The filing of a bankruptcy petition acts as a stay of certain actions against the debtor or the debtor’s property. The automatic stay is essentially the fundamental reason that a debtor seeks relief in the form of bankruptcy, as it allows the debtor a brief...

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Volunteering is Great But Not If You Expected Payment

Henry E. Hildebrand, III

June 9, 2024

Although Acevedo does not prohibit the court from entering an order ex post facto, to obtain an order authorizing employment of a professional effective from the date of filing application, must be based upon compelling and unusual circumstances.

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Deconstructing the Fair Debt Collection Practices Act: Obduskey Says Lawyers Conducting Nonjudicial Foreclosure Are Not “Debt Collectors”

April 7, 2019

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN) Introduction On March 20, 2019, the Supreme Court ruled unanimously in Obduskey v. McCarthy & Holthus LLP1 that actions required by state law in a nonjudicial foreclosure are not regulated by the Fair Debt Collection Practices Act (FDCPA).2 The decision resolved a split in the circuits. In addition to the...

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Five More Things Debtors Should Know About the SBRA – Part VIII

February 16, 2020

By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN) Introduction This series has focused on the four bankruptcy-related bills that were enacted during the 116th Congress and signed into law on August 23, 2019. One bill, the Small Business Reorganization Act of 2019 (SBRA), will be effective February 19, 2020. It appears in its entirety in Appendix B to...

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A Practical Approach to Using Bankruptcy Rules Effectively – Part 7

Beverly M. Burden

April 20, 2025

Part 7 of this series looks at notice to creditors, turning to some tricky provisions in 11 U.S.C. § 342 and in Rule 2002, with a focus on giving notice to creditors when notice must be given by mail.

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Expectations for the 341 Meeting of Creditors

Martha G. Bronitsky

October 6, 2024

This week Trustee Bronitsky brings subscribers an excellent checklist on conducting 341’s – yes, we know, unless you are new to consumer bankruptcy practice you’ve been doing them for years but chances are you too need this reminder!!

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Atlanta Debtor Attorney/Firm Sanctioned

The Academy

August 11, 2024

From Page 4 of Memorandum and Order “Because Kakol’s representation of Debtor in this case fell drastically below the standard for acceptable representation of individual debtors in chapter 13 cases as discussed in greater detail below, he and the Kakol Firm will be sanctioned as follows: (1) they will be required to disgorge any and all fees paid in connection...

Tax Projections and the Means Test – Parts I and II

Cathy Moran

December 17, 2023

Part I discusses projecting income tax deductions on the means test when the year of filing situation looks much like last year. Part II looks at things when they aren’t the same year over year.

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Critical Case Comment – Don’t File a Individual Chapter 13 If the Assets Are Owned by an LLC; It Will Cost You – BIG

Henry E. Hildebrand, III

September 25, 2022

Where a debtor and debtor’s counsel initiated a Chapter 13 petition in an effort to halt a foreclosure against property held by the debtor’s LLC, and where the debtor took no steps to correct the filing, sanctions would be imposed against debtor’s counsel. (Grabill) In re Scaccia, 2022 WL 1216284 (Bankr. E.D. La. April 25, 2022) Case Summary Scaccia owned...

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From 5 Divisions to 4 Grandchildren, 3+ pets, 2 Hobbies and 1 Private Practice: The “Retirement” of Robert Wilson

Katherine L. Davis

March 20, 2022

“The trouble with retirement is that you never get a day off!” [Abe Lemons] There is no better way to describe Robert Wilson in his career as an attorney, as a trustee, in his life thus far, and surely in his retirement! He has filled and will continue to fill every second of every day with meaning and purpose and...