Who Do I Serve And How Much Notice Do I Give?

Not only does the Academy Toolbox contain an article to help you find a federally insured institution but also now contains a Quick Reference Guide to Rules Requiring Notice or Service of Pleadings in Chapter 13 Cases (download here as a .doc or as a .pdf). Find out at a glance who must be served with a particular motion or objection, and how much notice must be given.

As a companion tool, the Academy Toolbox includes a link to www.deadlinecalculators.com to help you find a date by adding or subtracting a number of days to a known date, or calculate the number of days between two known dates. Check it out.

No Author Biography has been linked to this Article.

Dollar Amount Increases in Bankruptcy Code

March 3, 2019

By William Houston Brown, United States Bankruptcy Judge, Retired; Editor/Adviser, The Academy On April 1, 2019, an increase takes effect in those dollar amounts in the Bankruptcy Code that are subject to adjustment every three years.1 The following increases have significance in everything from the eligibility maximums for filing under Chapters 12 and 13 to the debtor’s exemptions. Relevant Official...

A Guide to the Small Business Reorganization Act of 2019 – Revised June 2022

Paul W. Bonapfel

November 9, 2022

Click here to see PDF – SBRA Guide June 2022 Compilation FINAL Click here to see PDF – SBRA May-June Supplement Final

Critical Case Comment – Pigs Get Fat/Hogs Get Slaughtered

Henry E. Hildebrand, III

March 19, 2023

Below-median Chapter 13 debtor bears the burden of justifying a plan longer than three years as confirmation of a five-year plan would be denied as providing insufficient justification to exceed three years. (Robinson) In re Ingram, 2023 WL 2529730 (Bankr. N.D. Ala. March 15, 2023) Case Summary Danny Ingram filed four bankruptcy cases over 20 years. He was single with...

Members

Critical Case Comment–“No Realistic Future Prospects”

Henry E. Hildebrand, III

March 26, 2023

A 34-year-old Chapter 7 debtor could discharge his student loan obligation by establishing that he could not reasonably make payments on the balance, could not maintain a reasonable standard of living, and because the expiration of his payment term had already passed, his standard of living was likely to persist, with no realistic future prospects. (Silverstein) In re Wolfson, No....

Members

From the Editor

March 31, 2019

By Wm. Houston Brown, United States Bankruptcy Judge (Retired) Debtor’s Attorney - Chapter 13 debtors not required to seek approval to employ special counsel. The Chapter 13 debtors moved to employ special counsel for representation in state-court litigation, but § 327(e) did not apply to Chapter 13 debtors when no request was being made to pay the special counsel from...

Members

Bankruptcy Lawyer Must Have Otherworldly Powers

Cathy Moran

November 5, 2023

Just for fun . . .

Members

Ask Ms. Ps & Qs

December 8, 2019

By Professor Nancy Rapoport Dear Readers: I know, I know—I’ve been absent from this column for a while,1 but I’ve found a set of cases that intrigued me, so here goes. In several cases, bankruptcy courts here in Nevada have made it clear that lawyers should do a better job of proving up their fees (and proofreading them), especially when...

Members

I Win. I Win. Trustee Holds Record for Having the Oldest Open Chapter 13 Case

April 7, 2019

By Helen M. Morris, Chapter 13 Standing Trustee for the Northern and Southern Districts of West Virginia It really takes so little to make a Chapter 13 Trustee happy—debtor’s counsel using calculators when they draft a plan ($100 for 36 months is NOT $4,936.87 no matter how many times it is repeated); saying “the Trustee is right” distinctly in open...

CARES Act Rebates and Domestic Support Arrears

May 10, 2020

By Elizabeth Gunn, Assistant Attorney General, Virginia Division of Child Support Enforcement, Bankruptcy Specialisti In late April, the federal government began issuing economic impact rebate payments to qualifying individuals under the CARES Act. While the CARES Act specifically identified and exempted the rebate payments from reduction or offset against certain debts including federal taxes and student loans in default, the...

Members

Chapter 13 Trustees Prosecutorial Discretion

The NACTT Emeritus Trustees

July 30, 2023

While administering cases, Chapter 13 Trustees should carefully exercise their prosecutorial discretion. Trustee discretion is a powerful tool. It should be used wisely and consistently. Trustees should have office policies in place fort heir attorneys and office staff. What matters involve discretion? The UST Chapter 13 Handbook describes some: We asked the NACTT Emeritus Trustees for their thoughts and examples...