Meet the Newest Trustee

Although she steps into very large shoes, Julie Philippi is a welcome addition to the Chapter 13 Trustee fraternity. Ms. Philippi was appointed as the Chapter 13 Standing Trustee for the Western District of New York on January 1, 2020. Those large shoes were left by retiring NACTT icon, Albert Mogavero. “Al” served as Standing Trustee for 42 years (yep, FORTY-TWO years).

As did Trustee Mogavero, Ms. Philippi will continue to maintain her offices in Buffalo.

Buffalo is just now becoming home to Ms. Philippi, her husband Arnold, and their three terribly spoiled cats, as she has . . .

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Comparison of Annual Change in Chapter 13 Case Filings During the Beginnings of the 2008 and the 2020 Recessions

March 21, 2021

By The Honorable Kevin R. Anderson, United States Bankruptcy Court for the District of Utah Coming off the longest economic expansion in U.S. history, Chapter 13 filings were at their lowest levels since 2007. With the country entering a sudden and unanticipated recession in February of 2020, we expected to see Chapter 13 filing rates increase; however, the opposite occurred....

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When $400 Emergency Pushes You Over the Edge

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By Cathy Moran, Esq. (Redwood City, CA) The Federal Reserve reported that 40% of Americans couldn’t meet a $400 emergency without borrowing. A significant slice of them couldn’t pay it at all. So, a Bloomberg economist devoted his column to deconstructing how the press and political figures, in his opinion, misused that finding. OMGoodness. The guy was too caught up...

Consumers Are Consuming Cash at an Unsustainable Rate

Kevin R. Anderson

June 26, 2022

Consumers have burned through their stimulus cash and are now drawing down their savings to satisfy pent up spending sprees and to cover the increasing cost of living. This cannot continue. From 2015 through the end of 2019, consumers held a consistent average of $1.1 trillion in savings. However, with the commencement of the COVID pandemic and the first of...

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CARES Act Financial Hardship ‘Laundry List’

April 5, 2020

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN) During the free Academy webinar The CARES Act – Impacts on Chapter 13 on April 2, 2020, the panel – Judge Wm. Houston Brown (Retired), Amanda DeBerry and I – referred to the importance of detailing the reasons for modifications or suspensions to be related to financial hardship stemming...

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Ms. Ps & Qs

Nancy B. Rapoport

May 15, 2022

Dear Readers: There are some basic truths. One is that when someone says, “hey, watch this!,” the result is likely to involve blood or stitches. Another is that, when an author describes something with the leadoff word, “interestingly,” it often isn’t. And a third is that one shouldn’t mislead bankruptcy judges. In two wonderfully written cases, bankruptcy judges made this...

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TFS Bill Pay Announces New Attorney Report Center

November 21, 2021

TFS Bill Pay has launched a new powerful tool to help you succeed; the Attorney Report Center located in your AttorneyPortal. In the current bankruptcy environment, it is absolutely essential that your firm receives all of the compensation for the valuable work it has already done. TFS now provides you with pre-set, real-time reports to confirm your clients’ payments, which...

Turnover by Motion? How About Under Rule 6008?

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By Joseph A. Bledsoe, III (“Jody”), Chapter 13 Standing Trustee for the Eastern District of North Carolina (New Bern) In the aftermath of City of Chicago v. Fulton, discussions abound as to whether it is sufficient for a chapter 13 debtor to seek return of his vehicle, repossessed prepetition, via a motion for turnover. Most seem to believe a motion...

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Recent Trends in the Interpretation of Midland v. Johnson and the Applicability of the FDCPA to Bankruptcy Cases

January 3, 2021

By Mark C. Leffler, Boleman Law Firm, PC (Richmond, Hampton, and Va. Beach, VA) Part I: Derby v. Portfolio Recovery Associates Recently, Hon. Keith L. Phillips of the Eastern District of Virginia Bankruptcy Court issued his fourth and final written opinion in the Derby v. Portfolio Recovery Associates adversary proceeding, Adv. Pro. No. 18-03097-KLP, 2020 Bankr. LEXIS 2589 (Bankr. E.D.Va....

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Critical Case Comment – The Now Infamous Castleman Case

Henry E. Hildebrand, III

August 20, 2023

Equity that accrues as a result of market conditions in debtor’s assets between the time of confirmation of a Chapter 13 plan and conversion to Chapter 7 constitutes property of the estate which may be administered by the Chapter 7 trustee.

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ABI Commission on Consumer Bankruptcy – Judicial Estoppel

June 30, 2019

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN) Over the past twenty years, the judicial estoppel doctrine has had a significant impact on people who file bankruptcy. Judicial estoppel has grown to be a significant issue within the consumer bankruptcy system. The Commission was asked to address it. Judicial estoppel is a doctrine created to protect the...

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