Ask Ms. Ps & Qs

By Professor Nancy Rapoport

Dear Readers:

I’m assuming that, by now, you’ve heard about (and, I hope, read) the Court’s opinion in In re CLTI, LLC: Memorandum Opinion on Jeremy Alcede’s Emergency Motion Objecting to Proposed Order Regarding Social Media Accounts, Docket No. 259, Case No. 14-33564, U.S. Bankruptcy Court for the Southern District of Texas (4/3/15). If you haven’t, then this case falls into the world of You Can’t Make These Things Up.

The issue in this case was whether the debtor’s social media . . .

It looks like you are not signed in or registered! This content is only available to members.

Or Sign In Below:

No Author Biography has been linked to this Article.

Chris Hawkins Appointed Judge

The Academy

March 20, 2022

Chris Hawkins was sworn in as a bankruptcy judge for the Middle District of Alabama on March 14, 2022, succeeding Judge William R. Sawyer. Before his appointment, Chris was a partner at Bradley Arant Boult Cummings LLP, where he focused exclusively on bankruptcy and insolvency matters. For over twenty years, he represented debtors and creditors in out-of-court restructurings, commercial and...

Unscheduled Creditor May Not File a Late Proof of Claim

July 14, 2019

By Beverly M. Burden, Standing Chapter 13 Trustee (Lexington, KY) An unscheduled creditor without notice of the bankruptcy case was denied an extension of time to file a proof of claim pursuant to Bankruptcy Rule 3002(c)(6)(A) in a recent opinion from the Eastern District of Kentucky. In the case of In re Fryman,1 the debtor did not include creditor Kentucky...

Members

Critical Case Comment – You Gotta Tell SOMEBODY!

Henry E. Hildebrand, III

December 18, 2022

Where a debtor fails to disclose to the Court or the trustee a forbearance on his mortgage that he was to pay directly, the Court would grant the trustee’s motion to modify to recapture as much as possible of the surplus funds the forbearance generated. (Kenney) In re Ilyev, 2022 WL 2965029 (Bankr. E.D. Va. July 26, 2022) Case Summary...

Members

Critical Case Comment – No Mulligans for Gardners

Henry E. Hildebrand, III

October 30, 2022

In order for a debtor to succeed in setting aside a dismissal in a motion filed under Rule 9024, F.R.B.P., the debtor must prove specific grounds as outlined in Federal Rule of Civil Procedure 60(b). (Oxholm) In re Gardner, 2022 WL 654410 (Bankr. E.D. Mich. May 24, 2022) Case Summary Carl and Taisha Gardner filed Chapter 13 in September of...

Members

The Hanging Paragraph – Hanging on Every Word Part 1 of 4

June 14, 2020

By Anthony J. Gomez, CPA, former extern to the Honorable John P. Gustafson, Northern District of Ohio at Toledo I. Cramdown Pursuant to 11 U.S.C. §1325(a)(5)(B) Section 1325(a) sets forth the requirements for a court to confirm a chapter 13 bankruptcy plan. In respect to each secured claim provided for in a plan, 11 U.S.C. §1325(a)(5) provides the following three...

Members

Meet New Trustee Brian Tucci

Nicole P. Novak

August 14, 2022

In April, Brian Tucci started his appointment as the Chapter 13 Standing Trustee for Baltimore, Maryland. He is a native Marylander with deep roots in the Maryland bankruptcy community. Brian succeeded the late Robert S. Thomas, II and Robert’s predecessor, the late Ellen Crosby. Brian earned his undergraduate degree at the University of Maryland and his J.D. at Western Michigan...

Members

What A Bankruptcy Lawyer Is Thankful For

Cathy Moran

November 19, 2023

On Thanksgiving, I’m mindful of how precious the American approach to insolvency is.

The Collector

The Academy

January 14, 2024

Bankruptcy Judge (E.D. Washington) serves up classics with wooden tennis racket collection.

Critical Case Comment – New Bankruptcy Term – “Sale Plan”

Henry E. Hildebrand, III

January 1, 2023

Confirmation of a “sale” plan (proposing the sale of the debtor’s principal residence) depends upon how quickly the sale will be consummated, milestones established, and consequences for failing to meet those deadlines; a plan that makes payments to the mortgage company under a “sale” plan may not modify the rights of the mortgagee but if care is taken to comply...

Members

The Uneasy Co-Existence of Federal and State Consumer Remedies in Bankruptcy Cases – the Fourth Circuit Weighs In

Mark C. Leffler

October 15, 2023

“Why do I need the FDCPA if there’s already a remedy under Rule 3001?” This is what the bankruptcy judge asked me when I brought an adversary proceeding against a claims buyer, alleging potential class claims under both the Fair Debt Collection Practices Act (“FDCPA”) and Bankruptcy Rule 3001(c)(2). The defendant had a business practice of filing high volumes of...

Members

Ask Ms. Ps & Qs

Link to Post:

It looks like you are not signed in or registered! This content is only available to members.

Or Sign In Below:

Related Articles

Chris Hawkins Appointed Judge

Unscheduled Creditor May Not File a Late Proof of Claim

Critical Case Comment – You Gotta Tell SOMEBODY!

Critical Case Comment – No Mulligans for Gardners

The Hanging Paragraph – Hanging on Every Word Part 1 of 4

Meet New Trustee Brian Tucci

What A Bankruptcy Lawyer Is Thankful For

The Collector

Critical Case Comment – New Bankruptcy Term – “Sale Plan”

The Uneasy Co-Existence of Federal and State Consumer Remedies in Bankruptcy Cases – the Fourth Circuit Weighs In

Academy

Members

Website

Legal

Looking to Become a Member?

Webinars

Member Articles

Industry News

To get started, please let us know which of these best fits your current position: