Ask Ms. Ps & Qs

By Professor Nancy Rapoport

Dear Readers:

Here’s an interesting case from Idaho involving payment for a chapter 7 case. The law firm filed the petition, not the schedules or related documents, on August 24, 2016, about a month after the debtor retained the firm. The firm also filed a petition to pay the case filing fee in two installments, which the Court granted. The rest of the debtor’s necessary documents were filed on September 7, 2016, and the debtor paid the first half of the case filing fee on September 23, 2016.

Unfortunately, the debtor fell . . .

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Passing of a Legend

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By Kara L. West, CPA, Chapter 12/13 Standing Trustee for the Eastern District of Tennessee (Chattanooga); Successor Trustee to C. Kenneth Still C. Kenneth Still was a legend. “Always with Barbara at this side, he epitomized qualities I think we all seek—honesty, diligence, kindness, and patience. He was a great mentor and a quick wit, and I miss him already....

Critical Case Comment

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By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN) It constitutes an unfair discrimination, violative of 11 U.S.C. § 1322(b)(1), for a Chapter 13 plan which would pay more to a student loan than to the remaining general unsecured creditors. (Somers) In re Kane, 603 B.R. 491 (Bankr. C.D. Kan. June 18, 2019) Case Summary Ronald Kane filed...

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Courts Continue to Fill in the Gaps on the Interplay of Bankruptcy and the FDCPA

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