A Practical Approach to Using Bankruptcy Rules Effectively

Part 6: Rule 9024 (Relief from a Judgment or Order)

Mistakes are often made, even by bankruptcy judges. Bankruptcy Rule 9024, by incorporating Civil Rule 60 into bankruptcy cases, allows a bankruptcy court to correct mistakes either on their own sua sponte or at the request of a party. In requesting such relief, parties must be aware of the grounds in the two primary subsections of Civil Rule 60, one of which is technical and the other substantive. Civil Rule 60(a) helps ensure that the orders entered . . .

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Caleb Chaplain

Career Law Clerk to the Honorable Rebecca B. Connelly, United States Bankruptcy Court for the Western District of Virginia (Harrisonburg)

Caleb Chaplain serves as the career law clerk to the Honorable Rebecca B. Connelly of the United States Bankruptcy Court for the Western District of Virginia and is an adjunct professor of bankruptcy law at Washington and Lee University School of Law. Prior to career clerking, Caleb was a term law clerk for both Judge Connelly and the Honorable Paul M. Black, Chief Judge for the United States Bankruptcy Court for the Western District of Virginia. Caleb acts as a coordinating editor for the American Bankruptcy Institute Journal, in which he has authored articles. He was selected by the American Bankruptcy Institute as a member of the 2022 class of “40 Under 40” honorees. Caleb volunteers as a member and current president of the Board of Directors of Second Home Learning Center, a non-profit which provides out of school care, education, and development opportunities for children in low-income households in Harrisonburg, Virginia. Caleb received his B.A. from Dartmouth College and his J.D. from Indiana University Maurer School of Law.

Inclusion in Bankruptcy Doesn’t Equal “Discharged”

Cathy Moran

February 11, 2024

Communications Practice Pointer! Convincing clients that all of their debts must be included in bankruptcy is one of the hardest parts of being a bankruptcy lawyer. Communicating clearly with our clients, in their language, is a key part of our job. The struggle often seems Herculean.

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In the Trenches: Secrets to Settlement – Competency in the Courtroom Part 2 of 3

June 16, 2019

By Jan Hamilton, Chapter 13 Trustee (Topeka, KS) Click here for Part 1 of 3 8. Early Preparation for Trial As suggested, the best way to settle a case is to be willing to try that case, which means you must prepare from the get go. That preparation begins a long time before the eve of trial, namely, at the...

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Hot Off the Press

The Academy

July 21, 2024

Selection of Kyu Young (Mike) Paek to Serve as Bankruptcy Judge in the Southern District of New York. See also: ABI 40 Under 40

Comparison of Annual Change in Chapter 13 Case Filings During the Beginnings of the 2008 and the 2020 Recessions

March 21, 2021

By The Honorable Kevin R. Anderson, United States Bankruptcy Court for the District of Utah Coming off the longest economic expansion in U.S. history, Chapter 13 filings were at their lowest levels since 2007. With the country entering a sudden and unanticipated recession in February of 2020, we expected to see Chapter 13 filing rates increase; however, the opposite occurred....

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Undervalued and Overworked? It’s Time to Fix Your Bankruptcy Firm’s Finances

Jen Lee

February 9, 2025

“Bankruptcy attorneys often operate from a mindset of scarcity. . . . They undercharge, give away their time, and scrimp on resources, running their practices like they’re always one bad month away from shutting down.”

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What I Learned about Bankruptcy on Facebook

Cathy Moran

November 17, 2024

For nearly a year, I’ve been hanging out on a Facebook “bankruptcy support” group. It’s a world full of misunderstanding, fear, and anguish. But it’s also clear to me that our profession can learn some things from that stew, both individually and collectively. We need to work together to fix the disconnect. Ideas? We would love to hear them.

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From the Editor – Claims

June 21, 2020

By The Honorable William Houston Brown (Retired) Portion of divorce award was priority domestic support claim and portion dischargeable unsecured claim. Applying Third Circuit’s factors from In re Gianakas, 917 F.2d 759 (3d Cir. 1990), and considering special master’s intent in divorce proceedings, one-third of former spouse’s claim was priority domestic support but two- thirds was reclassified as general unsecured...

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Critical Case Comment – Sec. 328 vs. Sec. 327 Not Exactly a Smack Down

Henry E. Hildebrand, III

July 17, 2022

A referral fee by retained special counsel paid to debtor’s attorney violates the prohibition in § 504 in that the referral fee constitutes an unauthorized splitting of attorney’s fees. (Williamson) In re Davis, 638 B.R. 198 (Bankr. M.D. Fla. March 31, 2022) Case Summary Four years after Lisa Davis filed her Chapter 13 petition, she was involved in an auto...

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2022 Bankruptcy Procedure Year in Review: Revised Statute and Rules and Selected Cases Part 6 Finality Versus a Residential Mortgagee: Espinosa and Nobelman Clash in the Eleventh Circuit

Lawrence R. Ahern, III

February 26, 2023

This Part 6 continues1 an analysis of judicial developments with a significant decision on finality of a Chapter 13 confirmation order. In re Bozeman Section 1327 of the Bankruptcy Code provides that a confirmed Chapter 13 plan binds the debtor and creditors to its terms.2 In In re Bozeman,3 the Court of Appeals for the Eleventh Circuit looked at a...

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Find The Hidden Mortgage Interest Tax Deduction in Bankruptcy

Cathy Moran

October 8, 2023

An article we run about this time each year . . . Do you have clients in an active Chapter 13 plan paying back mortgage payments that were delinquent when the case was filed? There could be a significant tax deduction hidden in there somewhere. Learn how to find it.

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