Ask Ms. Ps and Qs

By Nancy Rapoport

Beware the bankruptcy lawyer wanna-bes.

My hubby, who’s also a lawyer, recently forwarded me an email that began with these two rather optimistic lines:

You May Not Have to Refer Your Client to Another Attorney.

The Bankruptcy Road Map [W]ill Guide You through Chapter 7 or Chapter 11 Bankruptcy Cases.

Yikes! I know that bankruptcy law is trendy these days, and there’s a crushing workload for consumer lawyers, given the nation’s financial distress. But non-bankruptcy lawyers who think that they can just pick up a book, read it from cover to . . .

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Unredeemed Pawned Property and Chapter 13 Plan Confirmation: Must a Pawnbroker Object?

November 1, 2020

From their spring edition of The Quarterly our friends at NACTT have shared a timely piece from creditor attorney Thomas Humphries. _____________________ Thomas Humphries is an attorney with the firm of Sirote & Permutt, PC in Birmingham Alabama. Thomas represents the mortgage banking industry and various creditors in bankruptcy proceedings throughout the State of Alabama. Thomas’s practice includes the defense...

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Rules, Means-Test Amounts and Miscellaneous Fees: Changes Wrap Up 2020

November 15, 2020

Lawrence R. Ahern, III Brown & Ahern Nashville, Tennessee Appendix B Adjustments to Means Test Amounts (Cases Filed On or After November 1, 2020) The tables on the following page provide median family income adjustments reproduced in a format designed for ease of use in completing Bankruptcy Forms 122A-1 and 122C-1. STATE 1 EARNER FAMILY SIZE 2 PEOPLE 3 PEOPLE...

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From the Editor

September 20, 2020

By The Honorable William Houston Brown (Retired) Three-month delay in completing bare-bones petition. When the Chapter 13 debtor filed a skeletal petition, her motion for more time to complete schedules, statement and plan was denied, with no cause found for extending time after three-month delay, and show cause hearing was set to determine if case should be dismissed with 180-day...

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Supreme Court Grants Certiorari in City of Chicago v. Fulton

December 22, 2019

By William Houston Brown, Editor/Adviser, Academy for Consumer Bankruptcy Education On December 18, 2019, the Supreme Court granted the City of Chicago’s petition for certiorari, 2019 WL 6880702, from the decision of the Seventh Circuit at 926 F.3d 916 (7th Cir. June 19, 2019). The Seventh Circuit’s decision was analyzed in a prior article on this website. In its decision,...

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Keep Calm and Carry On – Observations Regarding CBRA

Henry E. Hildebrand, III

October 9, 2022

First, breathe deep and try to relax. The Antitrust, Commercial and Administrative House Subcommittee of the House Judiciary Committee, with minimal notice, set an oversight hearing for September 29, 2022. The subcommittee is charged to deal with matters relating to bankruptcy. The subject of the hearing was to be the “Oversight of the Bankruptcy Code, Part 2: Ensuring a Fresh...

Eviction and Bankruptcy Remedies

August 30, 2020

By Wayne Silver, Wayne Silver Law (Redwood City, CA) The 120-day CARES Act eviction moratorium expired on Saturday, July 25. At the expiration of the moratorium, landlords covered by the federal moratorium could begin serving eviction notices, and begin filing eviction lawsuits 30 days thereafter. That means on Monday, August 24, 2020 the moratorium on evictions expired, while we face...

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Critical Case Comment – Objection to Entire Housing Allowance Overruled

Henry E. Hildebrand, III

March 3, 2024

This is a potential BIGGIE . . . Where a Chapter 13 debtor incurs one relatively small expense covered by the IRS Local Standards, the debtor is entitled to deduct from CMI the entire allowance to calculate Projected Disposable Income.

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Critical Case Comment – Funds on Hand at Dismissal Go to Debtor. Not So Fast. 13 Trustee May Be Subject to State Court Proceedings

Henry E. Hildebrand, III

January 16, 2022

While a 13 trustee is partially insulated by the Barton doctrine from being dragged into state court, if a movant seeks authority from the Bankruptcy Court to pursue the trustee and satisfies the conditions of the Barton doctrine, the trustee may be subject to state court judicial proceedings. (Hall) In re Alexander Louis Bednar, 2021 WL 1625399 (Bankr. W.D. Okla....

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From the Editor – Confirmation

March 8, 2020

By The Honorable William Houston Brown (Retired) Good faith in plan proposal. Plan was proposed in good faith, although petition was filed only 21 days after purchase of vehicle, when plan adequately protected creditor against risk of depreciation. Opinion reviews good faith factors for plan proposal. In re Sharp, 608 B.R. 546 (Bankr. D. Kan. 2019). Compare In re Broder,...

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Never Let a Good Crisis Go to Waste: The Bankruptcy Amendments in the Consolidated Appropriations Acts of 2021

January 10, 2021

By Henry E. Hildebrand, III, Chapter 13 Trustee (Nashville, TN) Other than a recluse without any information of current events, we have been made fully aware of the fact that Congress was fashioning a second stimulus/COVID relief bill. The result is the Consolidated Appropriations Act, 2021; a massive bill with more than 5,300 pages governing a huge expanse of appropriations,...

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Related Articles

Unredeemed Pawned Property and Chapter 13 Plan Confirmation: Must a Pawnbroker Object?

Rules, Means-Test Amounts and Miscellaneous Fees: Changes Wrap Up 2020

From the Editor

Supreme Court Grants Certiorari in City of Chicago v. Fulton

Keep Calm and Carry On – Observations Regarding CBRA

Eviction and Bankruptcy Remedies

Critical Case Comment – Objection to Entire Housing Allowance Overruled

Critical Case Comment – Funds on Hand at Dismissal Go to Debtor. Not So Fast. 13 Trustee May Be Subject to State Court Proceedings

From the Editor – Confirmation

Never Let a Good Crisis Go to Waste: The Bankruptcy Amendments in the Consolidated Appropriations Acts of 2021

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