Ask Ms. Ps & Qs

By Professor Nancy Rapoport

Dear Readers:

This month, let’s talk about fees. As some of you may know, I’ve served as a fee examiner in some cases and as an expert witness in others.1 You could say that I’m obsessed with fees and with lawyer behavior in general.2 But let’s face it: fees reflect two things. First, professionals should get paid fairly for the work that they do; and second . . .

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Eviction Diversion Programs and Chapter 13 Bankruptcy

February 3, 2019

By Edward C. Boltz, The Law Offices of John T. Orcutt (Durham, NC) (Originally published in pertinent part at ncbarblog.com, December 19, 2018) With the publication of Evicted: Poverty and Profit in the American City, author Matthew Desmond has brought increasing attention both nationwide and in North Carolina to the growing eviction crisis. With . . . It looks like...

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ABI Commission on Consumer Bankruptcy – Remedies for Discharge Violation

May 12, 2019

By Henry E. Hildebrand, III, Chapter 13 Trustee (Nashville, TN) One of the principle goals of a consumer that chooses to file bankruptcy is to obtain a discharge under § 524. Despite its importance, however, there is much more legal discussion on the logistics and the process of automatic stay under § 362 that is in existence during the pendency...

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Critical Case Comment

May 2, 2021

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville) In calculating an above-median income debtor’s projected disposable income, the court may deduct from the debtor’s current monthly income only the expenses as listed in the IRS manual and not the debtor’s actual expenses. (Taylor) In re Rodriguez, 520 B.R. 94 (B.A.P. 9th Cir....

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Critical Case Comment – You Might as Well Plan for the Wrecked Car

Henry E. Hildebrand, III

September 18, 2022

Insurance proceeds generated due to a totaled car treated under the “hanging paragraph” of 1325(a) covers the entire claim; interest, however, is not recalculated even though it was a higher rate than the interest paid under the plan. (Hanan) In re Pagan, 638 B.R. 887 (Bankr. E.D. Wis. Jan. 24, 2022) Case Summary Bankruptcy judges have been overheard saying that...

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ZOOM – Instructions/Directions from the Office of Ronda Winnecour, Standing Chapter 13 Trustee*

April 26, 2020

(Items in italics have been added by Academy staff) . . . will be held virtually by ZOOM . . . Please visit our website at ch13pitt.com (this site has very detailed directions) for all of the details and instructions. A computer is not a necessity since ZOOM also allows participation by telephone (iphone, Android). Please visit the website before...

From the Editor – Discharge Injunction

May 31, 2020

By The Honorable William Houston Brown (Retired) Application of Taggart to lien avoidance. When the Chapter 13 confirmed plan bifurcated the secured creditor’s claim and the secured portion had been paid in full with interest, the completion of payments voided any lien, and the creditor violated the discharge injunction by commencing foreclosure. The Panel found the plan’s language, although “inartful,”...

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The Case of the Naked Client

Cathy Moran

December 10, 2023

“The bankruptcy petition came to my desk for review with no entry for “clothing and wearing apparel”. Funny, I think I’d remember if I’d interviewed any naked people lately.” Although filled with Attorney Moran’s wit, there is an important lesson here! Feel free to add your own ‘naked client’ story in the comments section below the article.

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Ask Ms. Ps & Qs

Nancy B. Rapoport

October 9, 2022

Dear Readers: We are all working at what feels like the speed of light these days. (And if we’re not, then we’re upset that work is too slow. Yes, we feel like Goldilocks—work’s either too busy or not busy enough.) But the wonderful Regina has asked me a question that often relates to someone hitting “send” too soon: “When opposing...

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Consumer Bankruptcy Reform Act of 2020 Introduced

December 13, 2020

By Hon. William Houston Brown, Adviser, Academy for Consumer Bankruptcy Education and Margaret A. Burks, Chapter 13 Trustee (Cincinnati, OH) Senator Elizabeth Warren (D. Mass.) and House Judiciary Committee Chairman Jerrold Nadler (D. N.Y.) have introduced the Consumer Bankruptcy Reform Act of 2020. Introduction of the Act is only the beginning of the legislative process, and no action toward enactment...

Avoidance Powers in Chapter 13 – Part 5 of 6

January 27, 2019

By John P. Gustafson, United States Bankruptcy Judge, Northern District of Ohio, Western Division (Toledo, OH) Click here for Part 1 Click here for Part 2 Click here for Part 3

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Related Articles

Eviction Diversion Programs and Chapter 13 Bankruptcy

ABI Commission on Consumer Bankruptcy – Remedies for Discharge Violation

Critical Case Comment

Critical Case Comment – You Might as Well Plan for the Wrecked Car

ZOOM – Instructions/Directions from the Office of Ronda Winnecour, Standing Chapter 13 Trustee*

From the Editor – Discharge Injunction

The Case of the Naked Client

Ask Ms. Ps & Qs

Consumer Bankruptcy Reform Act of 2020 Introduced

Avoidance Powers in Chapter 13 – Part 5 of 6

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