ASK MR. CIVIL PROCEDURE MAN

By: Ralph U. Whitten, Senator Allen A. Sekt Professor of Law at Creighton University Law School.

Question: I am scheduling a Rule 2004 exam of a mortgage creditor but I don’t know who I should ask to depose. I need the person for the organization to be able to explain how the proof of claim arrearage was calculated, how the current payment was calculated and how they have posted payments. Is it possible to use a 30(b)(6) motion when conducting a 2004 exam? Also do I have to do the 2004 [exam] where . . .

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By Katherine B. Brewer, Esq. (Westerville, OH) One of the first things we focus on in law school (other than the Rule Against Perpetuities, which always brings back fond memories), is that our clients come first. We learn the complexities of the law, memorize rule statements, and read thousands of pages of case law in order to learn how best...

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The Academy

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Just prior to a confirmation docket in September of 2006, a local creditor attorney asked me if I would be interested in coming to work at his firm. The chapter 13 trustee was in the room and could not help but overhear. After the docket that trustee asked me if I was looking for a job. I wasn’t . ....

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Cathy Moran

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The National Guard and Reservists Debt Relief Extension Act of 2023 (H.R. 3315) enacted on December 19, 2023 extends for an additional four years the existing exemption from the means test for qualifying reservists and National Guard debtors who are called to active duty or to perform a homeland defense activity for not less than 90 days. See 11 U.S.C. § 707(b)(2)(D)(i). A debtor...

From the Editor

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By The Honorable William Houston Brown (Retired) Disgorgement of fees for nondisclosure. The Tenth Circuit held that the “default sanction” for an attorney’s failure to satisfy disclosure obligation is full disgorgement of fees paid. While full disgorgement may not be required in particular circumstances, the “default sanction” principle required reversal and remand. The bankruptcy court, affirmed by the BAP, had...

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