Gambled and Lost – Again

This article is not mortgage-related and it is a Chapter 7 . . . BUT the order issued in this adversary is instructive regarding the bases for having records sealed in a bankruptcy case.

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Michael J. McCormick, Esq.

Senior Partner at McCalla Raymer Leibert Pierce, LLC

Michael McCormick is a senior partner with the bankruptcy department at McCalla Raymer Leibert Pierce, LLP. Mr. McCormick has been with the firm since 2004 and currently assists in bankruptcy representation for dozens of mortgage lenders and servicers nationwide. He is a graduate of Wake Forest University School of Law and the University of Western Ontario. Michael is a frequent speaker and author on various topics related to bankruptcy, including the handling of escrow accounts during a bankruptcy proceeding, and the recent bankruptcy form changes. He is also a member of numerous local and national bankruptcy organizations.

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The Academy

October 12, 2025

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From the Editor – Classification

August 9, 2020

By The Honorable William Houston Brown (Retired) Separate classification and preferential treatment of student loan debt. The Chapter 13 trustee and debtors’ attorney attempted to change the traditional approach in the District, seeking approval of a permissible fair discrimination in favor of student loan debt in plans so long as the preferential treatment and discrimination was no more than 20%....

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Rescuing a Troubled Chapter 13: The Unseen Threat

February 24, 2019

By Cathy Moran, Esq. (Redwood City, CA) We all get sucked in, at some time, to try and rescue a Chapter 13 bankruptcy case gone bad. Make sure that you don’t let a bad situation get worse. Get your arms around §109(g). When only a do-over will do, don’t wait around. No Payments for Months The debtor came to me...

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A Modern American Tale: When Mom’s Reverse Mortgage Comes Due

Henry E. Hildebrand, III

November 16, 2025

Creditor holding a reverse mortgage with a lien against property in which the debtor/heir resides holds a claim allowable in the debtor’s Chapter 13 case notwithstanding a lack of any personal liability.

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Stop and Smell the . . . Well, Corn

August 4, 2019

By Jan Hamilton, Standing Chapter 13 Trustee (Topeka, KS) I just got back from RAGBRAI, which is a bicycle ride across Iowa. This year, it was 468 miles, with lots and lots of hills. (Biking Across Kansas was over 500 miles this year.) Such beautiful country. Estimates vary on actual number of riders, but anywhere from 16,000 to 20,000. Iowa...

Who Gets Grannie’s Cash – Grannie or the Bankruptcy Trustee?

Cathy Moran

February 13, 2022

When there’s a joint bank account and a bankruptcy filing, good intentions can quickly go sour. The bankruptcy trustee sees a pile of money in the bank to which the debtor has access, even though the account also bears the name of someone not in bankruptcy. If the debtor can get the money, the trustee contends, so can a bankruptcy...

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From the Editor

March 31, 2019

By Wm. Houston Brown, United States Bankruptcy Judge (Retired) Lien Modification - Modification of mortgage on mixed-use property. Reviewing the split of authority on whether a Chapter 13 debtor may modify a mortgage on property used for both business and residential purposes and when the use determination is made, the bankruptcy court adopted the filing date as the appropriate time...

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Re-Examining the Means Test Cost of Home Ownership

Cathy Moran

December 29, 2024

From June: Bankruptcy lawyers can better present non-mortgage homeownership expenses to reflect current economic realities on the means test. By advocating for realistic expense allowances, based on a percentage of the home’s purchase price, attorneys can ensure fairer assessments and more successful bankruptcy plans. Additionally, Trustees and Judges should look at Atty Moran’s analysis here – change will take the whole village.

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Claims: Transfers, Address Changes, and Payee Switches – Oh My!

The NACTT Emeritus Trustees

April 30, 2023

In any given year Chapter 13 Trustees administer 400,000 to 500,000 cases and distribute almost $5 billion to creditors. A critical duty for trustees is to be sure that distributions are correctly delivered to an allowed claimant. 11 USC § 501 governs the filing of a proof of claim and 11 USC § 502 sets forth the requirements for allowance...

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A Fond Farewell to 007 – Frank M. Pees

May 3, 2020

On April 30, 2020, Frank M. Pees will retire from his position as the Chapter 13 Standing Trustee (Worthington) for the Southern District of Ohio, Eastern Division. Mr. Pees has been a Trustee since his appointment in 1978. Throughout his career, he has been actively involved in the National Association of Chapter 13 Trustees, serving as President (in 1987), and...

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Gambled and Lost – Again

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Michael J. McCormick, Esq.

Senior Partner at McCalla Raymer Leibert Pierce, LLC

Related Articles

Means Test Webinar

From the Editor – Classification

Rescuing a Troubled Chapter 13: The Unseen Threat

A Modern American Tale: When Mom’s Reverse Mortgage Comes Due

Stop and Smell the . . . Well, Corn

Who Gets Grannie’s Cash – Grannie or the Bankruptcy Trustee?

From the Editor

Re-Examining the Means Test Cost of Home Ownership

Claims: Transfers, Address Changes, and Payee Switches – Oh My!

A Fond Farewell to 007 – Frank M. Pees

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