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By Professor Nancy Rapoport

Dear Readers:

How many times have you wanted to reach across the table at a deposition and strangle the opposing counsel? You know that you can’t, in part because strangulation violates the ethics rule that says you can’t commit criminal acts,1 and in part because there’s no good way to bill your client for the time you’ll spend dealing with the criminal justice system. So you just sit there, fuming at . . .

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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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Interspousal Claims Live On and On and On

Cathy Moran

April 21, 2024

Even when the contentions against a debtor spouse sound in fraud, breach of fiduciary duty, or intentional tort, the claims of the debtor’s spouse survive a Chapter 7 discharge.

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Is a CARES Act Stimulus Payment Exempt?

April 26, 2020

By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN) Introduction Since April 1, 2020, many unemployed people in the United States have begun to receive "a recovery benefit" in the amount of $1,200.1 These payments, under the CARES Act2 stimulus program, were intended to provide some relief to suffering Americans. However, the most financially distressed Americans, perhaps with existing,...

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Critical Case Comment–Who is Responsible to Address Eligibility Questions?

April 3, 2022

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of TN (Nashville) Bankruptcy Court is under an obligation to examine the eligibility of a debtor to file Chapter 13 even where no party raises a timely, written objection. (Seibel) Preuss v. Perry (In re Perry), 7:20-cv-04617-CS (S.D. N.Y., Sept. 21, 2021) Case Summary Bruce Perry filed...

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Quick Tips to Make You a PowerPoint Master – Effective Use of PowerPoint

January 5, 2020

By Honorable Cynthia Norton & Honorable Kevin R. Anderson Create a Master Slide Template: Create a custom slide template that you can use each time you produce a new PowerPoint presentation (in PowerPoint, click View and then Slide Master). This avoids "reinventing the wheel" each time. In creating your Master Slide, use complimentary and contrasting colors to maximize readability. I...

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Critical Case Comment – You Gotta Fix Your Own Screwups, on Your Own Dime

Henry E. Hildebrand, III

December 3, 2023

Debtor’s counsel should not be compensated for work undertaken on behalf of a debtor in order to correct errors.

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From the Editor – Claims

February 9, 2020

By The Honorable William Houston Brown (Retired) Failure to include creditor on matrix not grounds to extend time for proof of claim. The Chapter 13 debtor had timely filed her list of creditors, pursuant to Rule 1007(a), but she failed to include a creditor either on that list or in the schedules, resulting in the creditor not receiving notice of...

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Supreme Court Agrees to Revisit Finality of Orders in Bankruptcy

May 26, 2019

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN) Introduction In Ritzen Group, Inc. v. Jackson Masonry, LLC (In re Jackson Masonry, LLC),1 the Sixth Circuit reviewed circuit authority on finality of orders for appellate purposes and affirmed the district court's dismissal of an appeal from an order denying stay relief. The Court of Appeals said that, under 28...

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Here’s What Taxpayers Should Consider When Determining If They Need to File

February 3, 2019

As people prepare to file their taxes, there are things to consider. They will want to determine if they need to file and the best way to do so. For tax year 2018, all individual taxpayers will file using the new Form 1040. Forms 1040A and 1040EZ are no longer available. Taxpayers who previously filed these forms will now file...

2022 Bankruptcy Procedure Year in Review: Revised Statute and Rules and Selected Cases – Part 3 Rules Related to SBRA (Continued)

Lawrence R. Ahern, III

December 4, 2022

Introduction This series reviews developments in bankruptcy procedure during 2022. Amendments to 16 rules and new one new rule take effect December 1, 2022, absent Congressional action. Many reflect changes necessitated by the Small Business Reorganization Act of 2019 (SBRA),1 and have been in place in the same or similar form on an interim basis since that legislation took effect.

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Related Articles

From the Editor – Discharge Injunction

Interspousal Claims Live On and On and On

Is a CARES Act Stimulus Payment Exempt?

Critical Case Comment–Who is Responsible to Address Eligibility Questions?

Quick Tips to Make You a PowerPoint Master – Effective Use of PowerPoint

Critical Case Comment – You Gotta Fix Your Own Screwups, on Your Own Dime

From the Editor – Claims

Supreme Court Agrees to Revisit Finality of Orders in Bankruptcy

Here’s What Taxpayers Should Consider When Determining If They Need to File

2022 Bankruptcy Procedure Year in Review: Revised Statute and Rules and Selected Cases – Part 3 Rules Related to SBRA (Continued)

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