UST Allows Unprecedented Fees

By Daniel Riggs, Senior Staff Attorney for Rick A. Yarnall, Chapter 13 Standing Trustee, Las Vegas, NV

Kimberly Antonacci filed for Chapter 13 bankruptcy relief on November 11, 2008. In her case, the Standing Chapter 13 Trustee conducted nine 341 hearings and the confirmation hearing was continued six times. The Trustee also investigated the Debtor’s business and monitored an adversary proceeding and settlement agreement. After two years, the case was dismissed for the Debtor’s failure to make plan payments. The Trustee’s motion to dismiss requested administrative fees under 11 U.S.C. § 503(b). After . . .

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How to Present an Effective Summary Judgment Motion

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By Hon. Erik P. Kimball, United States Bankruptcy Court for the Southern District of Florida (Used with permission - Originally Published by the Courthouse Beacon, United States Bankruptcy Court for the Southern District of Florida August, 2020) Summary Judgment Applies In Contested Matters Bankruptcy Rule 7056 incorporates all of Federal Rule 56 for purposes of adversary proceedings, adjusting only the...

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Critical Case Comment – Free Parking

Henry E. Hildebrand, III

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Percentage fees collected by a Chapter 13 trustee prior to confirmation of a Chapter 13 plan must be returned to the debtor by the trustee if Chapter 13 plan is not confirmed. (Ebel) Goodman v. Doll, 2023 WL 216778 (10th Cir. January 18, 2023) Case Summary Daniel Doll filed Chapter 13 in November of 2017. The debtor complied with 11...

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For Whom Does the Bell Toll?

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By Angela M. Scolforo, Staff Attorney to Herbert L. Beskin, Chapter 13 Trustee for the Western District of Virginia Since January 2019 alone there have been about 250 student loan discharge cases decided in the federal courts.1 One site reports that student loan debt in the United States totals $1.73 trillion, across 43.2 million borrowers, and the debt is growing6...

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Amended Rule 2002(a)(5) – Who Gets Served and Who Petitions the Court for Change?

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By Phil Lamos, Chief Legal Counsel, Office of the Chapter 13 Trustee Lauren A. Helbling (Cleveland, OH) Bankruptcy Rule 2002(a)(5) directs that 21 days’ notice must be given of the “time fixed to accept or reject a proposed modification of a [Chapter 13] plan.” But to whom must notice be given? Specifically, which creditors need to be given notice? This...

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By The Honorable John P. Gustafson Can a creditor refuse to do business with a debtor, or is such refusal a violation of the automatic stay? The case of Brown v. Penn State Employees Credit Union, 851 F.2d 81 (3rd Cir. 1988) held that a credit union’s refusal to continue to do business with a debtor who caused a loss...

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Critical Case Comment – Objection to Entire Housing Allowance Overruled

Henry E. Hildebrand, III

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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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Less Than 100% Dividend Can a Chapter 13 Plan be Paid off Early?

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By Stacey A. O’Stafy, Staff Attorney, Office of the Chapter 13 Trustee Faye D. English (Columbus, OH) An above median Chapter 13 debtor settles a workers’ compensation claim and wants to use the exempt settlement proceeds1 to pay off her 100% dividend plan in month 38 – can she? In this simple scenario, the answer is yes. Pursuant to 11...

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4 Reasons to Keep Time Records No One Discusses

Cathy Moran

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Mention keeping time records to a bankruptcy lawyer and you’re likely met with expressions of utter revulsion. All too many assert that the major appeal of being a bankruptcy lawyer is precisely that they don’t have to keep time. Between flat fee deals with clients, and no look fees in Chapter 13, they feel liberated from the clock and the...

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Paying the Car Loan Directly vs. Through the Plan: Till Debt Us do Part?

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Progeny of Law v. Siegel: Sixth and Ninth Circuits Say Right to Dismiss Chapter 13 Case is Absolute, Not Qualified by Section 105

September 26, 2021

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