A Practical Approach to Using Bankruptcy Rules Effectively

A Practical Approach to Using Bankruptcy Rules Effectively – Part 3

This third article could be subtitled: “Uh-Oh! I Can’t Meet (or I Missed) a Deadline.” Setting deadlines is a critical component of any set of procedural rules. Practitioners must be aware of not only when and how a deadline can be extended, but WHETHER a deadline can be extended.

Unlock This Article

To get started, please let us know which of these best fits your current position:

Learn more about the membership.

Please sign in to continue reading this content.

Beverly M. Burden

Chapter 13 Trustee for the Eastern District of Kentucky

Beverly M. Burden, Lexington, Kentucky, has served as the Chapter 13 Trustee for the Eastern District of Kentucky since 1999. Before her appointment as trustee, she clerked for the late Bankruptcy Judge Joe Lee. She has presented at numerous national, regional, and local bankruptcy seminars, and strives to share practical information that consumer bankruptcy attorneys can use. She writes a blog for practitioners in the Eastern District of Kentucky at www.ch13edky.wordpress.com and is the Chair of the Biennial University of Kentucky Consumer Bankruptcy Law Conference. Ms. Burden is a member of the National Association of Chapter Thirteen Trustees (NACTT) and serves on the Board of Directors of the NACTT Academy for Consumer Bankruptcy Education. She served on the Chapter 13 Advisory Committee to the ABI Commission on Consumer Bankruptcy. Ms. Burden received her J.D. from the University of Kentucky College of Law in 1983 and holds a B.B.A. degree in Accounting. She is a Fellow in the American College of Bankruptcy (2017).

We Love You Dan (“Stingray”) Brunner!!

October 1, 2023

Dan grew up in Spokane, Washington, and graduated from Gonzaga University in 1966 with a BA in political science. After finishing his undergraduate degree, Dan entered active duty in the United States Army. He was stationed in Korea from 1967 to 1968 where he commanded a HAWK missile battery. Dan retired from the United States Army in 1994 with the...

Critical Case Comment – Watch for Opportunities to Bifurcate Home Mortgage Claims

Henry E. Hildebrand, III

August 21, 2022

Where a Chapter 13 plan treats a claim as secured only by the debtor’s mobile home under § 506 and not real property, the effect of a notice of fees, costs and charges is irrelevant. (Coleman) In re White, 2022 WL 2826531 (Bankr. S.D. Ga. July 19, 2022) Case Summary Shalonda White filed a Chapter 13 petition in July of...

Members

Sanctions in South Carolina

Ashley Baxter Curry

December 12, 2021

In a recent case out of South Carolina, rather than a debtor seeking sanctions against a creditor, it was the creditor’s counsel who sought sanctions against counsel for a Chapter 13 debtor in an adversary proceeding. Ruling on a Motion for Sanctions in James Defoe v. Winyah Surgical Specialists, P.A. doing business as Winyah Surgical Specialists (In re Defoe), 632...

Members

The Day the Music Died

Henry E. Hildebrand, III

May 8, 2022

I never set out to be a bankruptcy lawyer, much less a trustee. It was always my intent to be trial lawyer. The thrill of victory, the agony of defeat, and the captive audience of a jury; having to think fast on your feet was exciting. Facing jurors and witnesses with a modicum of confidence was what my view of...

From the AO

The Academy

January 19, 2025

Director’s Awards Recognize 16 Employees for Leadership, Service FOUR are from bankruptcy courts!!

From the Editor

September 27, 2020

By The Honorable William Houston Brown (Retired) Debtors’ attorney fees not authorized under Equal Access to Justice Act (EAJA). Although the Chapter 13 debtors had prevailed before the Ninth Circuit, In re Sisk, 962 F.3d 1133 (9th Cir. 2020), their application for attorney fees as prevailing parties under EAJA was denied. That Act did not authorize awards of attorney fees...

Members

Tax Deductions Hidden in Chapter 13

Cathy Moran

April 3, 2022

True. Most people no longer itemize under the current Tax Code. However, the amount of money involved varies and should be considered. The same very important debts that a Chapter 13 plan pays are often tax deductible. And your client is still the person who’s paying, even if the trustee writes the check. Don’t allow them to miss out on...

Members

U.S. Trustee Fee Unconstitutional

The Honorable William Houston Brown

June 12, 2022

On June 6, the Supreme Court’s unanimous opinion in Siegel v. Fitzgerald1 held that the increase in U.S. Trustee fees in Chapter 11 cases violated the uniformity requirement of the Constitution’s Bankruptcy Clause,2 because the fee increase in 2017 only applied to in the U.S. Trustee districts and didn’t apply to the Bankruptcy Administrator districts in Alabama and North Carolina....

CFPB Releases Report on Debt Settlements and Credit Counseling

July 12, 2020

July 10, 2020, the CFPB released a report examining recent trends in debt settlement and credit counseling. Many Americans struggle with their debts, especially during times of crisis. Today’s report documents changes over time in how consumers have used these debt relief options for unsecured debt. Using the Bureau’s Consumer Credit Panel (CCP), a nationally representative sample of approximately five...

A Practical Approach to Using Bankruptcy Rules Effectively – Part 2 Contested Matters; Service Under Rule 7004

Beverly M. Burden

February 2, 2025

Part 1 of this series introduced the purpose of these articles and discussed four fundamental rules relating to motion practice. This second article takes a deeper dive into one of those rules, Rule 9014.

Members