Ask Ms. Ps & Qs

By Professor Nancy Rapoport

Dear Readers:

It’s that time of year again, when normal people think about vacations and we think about fiscal years ending. Here is my wish list for 2016 as we head toward the holiday season:

10.

Clients who understand that they have to tell their lawyers everything, even the embarrassing things.

9.
Lawyers who understand that they have to listen to what their clients are not saying as much as they listen to what they are saying.

8.
Opposing counsel who don’t assume that we’re lying, or dumb (or both . . .

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Meet the New Trustee

November 1, 2020

Lloyd T. Kraus was appointed as a Chapter 13 Standing Trustee for the Eastern District of Texas on August 1, 2019. While Kraus loves his job, he would much rather still be serving as a staff attorney to his best friend and mentor John Talton. Talton was tragically killed in a traffic accident in October of 2018. Kraus received his...

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Critical Case Comment – Post-Petition 401(k) Contributions ARE Disposable Income

Henry E. Hildebrand, III

July 23, 2023

Post-petition voluntary contributions to a 401(k) are not reasonably necessary expenses and are thus included in disposable income in calculating a debtor’s Chapter 13 plan. (Freeman) In re Saldana, 2023 WL 3483241 (N.D. Cal. May 15, 2023) Case Summary In April of 2022, Jorden Marie Saldana filed a voluntary petition under Chapter 13. Ms. Saldana was single with no dependents...

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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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Who Files the Tax Returns Under SBRA

June 7, 2020

By Steven L. Walker, Esq. (San Jose, CA) Subchapter V of the newly amended Bankruptcy Code is silent on the question as to whether the debtor-in-possession, or the court appointed trustee, must file the entity’s income tax returns on Form 1065, Form 1120, or Form 1120S. Although the IRS also has not issued any formal guidance, answers can be found...

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From the Editor – Claims

October 20, 2019

By The Honorable William Houston Brown (Retired) Objection sustained to one-year late proof of claim. The mortgage creditor did not object to confirmation nor file a proof of claim until one year after the bar date in the Chapter 13 case. The trustee objected to the claim, which asserted a higher arrearage than provided for in the confirmed plan. Section...

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Diaz: Is it Really a Tax Refund?

December 20, 2020

By Cathy Moran, Esq., Moran Law Group (Redwood City, CA) On its face, Diaz (Diaz v. Viegelahn, No. 19-50982 (5th Cir. Aug. 26, 2020)) is a pretty straightforward decision that struck down a local form plan as violating a below-median income debtor's right to use her tax refund to finance necessary expenses for maintenance and support. On a deeper level,...

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Debt Buyers Pay a Lot Post-Taggart

Cathy Moran

February 4, 2024

You know it won’t go well for the creditor in a discharge violation when the opinion opens by characterizing the debtor as a single mother and registered nurse who discovers her $20k bank balance is now negative.

Members

Cyber Security – You Are The Weakest Link

Naliko Markel

February 19, 2023

At the NACTT 2023 Mid-Year Trustee Meeting in January the presentation that resonated the most with me was one about the dark web. The presenter, Mark Lanterman (CTO Computer Forensic Services), said something that haunts me still: your biggest security risk is your people. Mind blown. We spend so much time, energy, and resources on physical security and network security,...

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Don’t Be Dismissive – Rule 41

Cathy Moran

August 6, 2023

I was the third attorney on this lien avoidance matter. Instead of it being “third time’s the charm”, it came close to being “three strikes and you’re out.” All because of FRBP 7041. This was the set up: debtor’s original counsel filed a number of lien avoidance actions, including the one against a landlord with a large default judgment. The...

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Federal District Court Affirms Decision that Residential Loan Modification Does Not Alter Lien Priority in Pennsylvania

March 15, 2020

By Scott Waterman, Standing Chapter 13 Trustee Eastern District of Pennsylvania (Reading) Citing Pennsylvania law, a Federal District Court in In re Hamilton (Hamilton v. Pennsylvania Housing Finance Agency), ___ B.R. ____ (E.D. Pa. 2020) refused to apply the equitable subordination doctrine to reorder the priority of mortgages after the first mortgage lender granted the debtors a loan modification prior...

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Related Articles

Meet the New Trustee

Critical Case Comment – Post-Petition 401(k) Contributions ARE Disposable Income

Money For Nothing

Who Files the Tax Returns Under SBRA

From the Editor – Claims

Diaz: Is it Really a Tax Refund?

Debt Buyers Pay a Lot Post-Taggart

Cyber Security – You Are The Weakest Link

Don’t Be Dismissive – Rule 41

Federal District Court Affirms Decision that Residential Loan Modification Does Not Alter Lien Priority in Pennsylvania

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