Homesteads in New York State: Don’t Put the Cart Before the Horse

“Debtors seek to preserve their homestead, and sometimes additional property that is not their home.”

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Robert G. Drummond

Chapter 13 Standing Trustee for the District of Montana

Robert G. Drummond has been the only standing Chapter 13 Trustee for the District of Montana since 1992. Mr. Drummond has been a member of the American Bankruptcy Institute since 1987, and a member of the National Association of Chapter 13 Trustees since 1992. He is a past President of the National Association of Chapter 13 Trustees and has twice chaired the Montana Bankruptcy Section. He has published numerous articles dealing with Chapter 13 bankruptcy in several national publications. He is the publisher of the Montana Bankruptcy Reporter located at www.montanabankruptcyreporter.com.

From the Editor

April 7, 2019

By Wm. Houston Brown, United States Bankruptcy Judge (Retired) Confirmation - Debtors could not deduct ownership costs for vehicle secured by non-purchase money lien. The above-median debtors claimed ownership deduction of $497 from projected disposable income, when the title loan payments on the vehicle were only $66.67. The difference in these amounts meant unsecured creditors could receive $25,819.80 over the...

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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...

Money For Nothing

Pam Bassel

April 28, 2024

It is appropriate that the title of this article is based on the lyrics from Dire Straits’ biggest hit, since that is where many below-median debtors find themselves – in dire straits.

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Appointment of Deb Miller

The Academy

April 2, 2023

It is our distinct honor to inform you that Acting U.S. Trustee Paul Randolph has selected Debra L. Miller as the next Standing Chapter 13 Trustee for the Eastern District of Tennessee (Northern and Northeastern Divisions). Ms. Miller has served as a Standing Chapter 13 Trustee in the Northern District of Indiana since 2000. Her wealth of experience will allow...

Fannie/Freddie Flex Modification Update

Roberto Rivera

September 22, 2024

We are pleased to provide a detailed guide to new guidelines for Flex Modifications effective both 11/1 and 12/1.

Taxes, Offset, and Mutuality

October 13, 2019

By Cathy Moran, Esq. (Redwood City, CA) Bankruptcy lawyers are accustomed to evaluating the dischargeability of taxes when deciding when to file a client's bankruptcy case. But as we approach the end of the tax year, a client’s current year tax situation becomes another moving part in the “when do we file” analysis. In the simplest situation, the client owes...

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Missed Notices, Big Consequences: Ninth Circuit Clarifies Creditor Rights

Henry E. Hildebrand, III

September 29, 2024

Creditor with inadequate notice holds a fully nondischargeable obligation following a Chapter 7 discharge.

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Meet a New Trustee

The Academy

February 4, 2024

Daryl J. Smith, Esq., was appointed as the Chapter 13 Standing Trustee for the Western District of Louisiana on October 1, 2023. Smith’s office is in Shreveport, Louisiana.

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Hold Open But You Gotta Ask

Henry E. Hildebrand, III

July 6, 2025

Failure of Chapter 13 debtor to request meeting of creditors be held open and reconvened at a later time was fatal when the debtor failed to file a tax return on the day prior to the original date set for the meeting of creditors.

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Ask Ms. Ps & Qs

Nancy B. Rapoport

December 29, 2024

From February, Prof. Rapoport looks at the question: What should happen when the Rule 2016 statement on compensation conflicts with the SOFA #16?

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