A Chris-Spin Carroll: With Apologies To Charles Dickens

By John Gustafson, The Ghost of an I minus J Past

After a late December evening filled with too much pickled herring, eggnog and spiced cider, Ebenezer Hildebrand fell asleep in front of the fire, his Code falling to the floor as he nodded off.

He woke to the rattling of a bag of Goo Goo Clusters, and saw, standing before him, a ghost in a bowling shirt.  It was embroidered with “Ghost of 341s Future”.

Ebenezer grumbled: “You’re completely butchering the story.”

“Come” said the ghost.  “You are required to appear and observe what will be.   Motions for continuances are not viewed with favor.”

“Alright.  Alright.”  Ebenezer said as he rose from his chair.  “Where are we going?”

“To the gates,” the wraith said.  “Upward, to the gates.”

The floor fell beneath them, and they seemed to go right through the ceiling and roof before coming to a golden gate perched upon a billowing cloud.

The ghost left Ebenezer gawking and walked up to a harried woman drinking a large cup of McDonald’s coffee.  “Your 1:30 is here.”

The woman looked up, raised her right hand and stated: “Do you swear, or affirm, that the testimony you are about to give in this proceeding will be the truth, the whole truth, and nothing but the truth, as you shall answer to the laws of perjury?”

Ebenezer looked around and asked, “Aren’t you supposed to be St. Peter?”

The woman looked at him tiredly.   “I’ll need a yes or no answer please.  We are recording.”

“I do.”

“OK, I am St. Peter’s staff attorney and I will be conducting this examination. “

“What is going on here?”

“This is a 341 Meeting.  Do you own or operate a business?”

“Yes, I’m a Chapter 13 Trustee.”

“Or records show you may have a partner – a Joseph Marley?”

“I don’t know what the Dickens you are talking about.”

“How much does your business gross?”

“It depends how you look at it.”  Ebenezer considered carefully.  “One way to look at it is that I gross several million dollars.”

“And what is your gross profit margin?”

“I suppose you could say it is about 4%.”

“Could you increase that gross profit margin?”

“Only by gross mismanagement.  Say, what is this all for?”

“Other than filling space on The Academy website during a slow period?  This is an examination of your life, as you have examined the lives of others.”

“I don’t like the sound of that.”  Ebenezer looked around quickly for an exit.

“I’m sure they weren’t exactly thrilled with your 341 examinations either.  Do you have any other assets?”

“I’m not sure how to answer that.  Right now, I think my only asset may be one harp.”

“Your petition says: one pitchfork.  See here, on Schedule B.  Is that your signature on the declaration at the end of the Schedules?”

“It looks like my signature.”

“Are you sure you want to try to get into heaven without a lawyer?”

“Oh.  Maybe I should get one.  I just assumed there wouldn’t be any lawyers up here.”

The staff attorney unfurled a scroll and looked at the listed names, “There are several lawyers who never blamed errors on ‘their girls’ and they are licensed to practice here.”

“No, I think I’m going to go forward pro se.”

“Those almost never work.”

“That’s my plan.”

“I’m not sure I understand.  What IS your Plan?  What are you proposing?”

“How about if I wake up in my chair, consider this a valuable moral lesson learned, and go on with my life a better person for having had this unsettling experience?”

“So, you’re not proposing a conduit?  That could be a problem.”

“Think of it as a ‘forward-looking approach’.”

“Are you talking about the Lanning case?”

“We call it the Hamilton case.”

“Hamilton?”  The staff attorney runs her finger down a parchment scroll.  “I don’t see Hamilton on my list.”  She looks up, trying to retrieve an almost forgotten memory.  “There was a Hamilton, before his dog attacked one of our angles.  Little pieces of white feathers everywhere.”

“So, you can just send me back, right?  I wake up and chalk it up to some bad Goo Goo Clusters, OK?”

“You trustees, always looking to negotiate your way out of problems.”

“I just want a shot at redemption.”

“That’s only available in Chapter 7s.”

“Fine.  Have it your way.  I’m just looking for confirmation.  Do we have a deal?”

“Well, alright.  On one condition.”

“Anything.”

“You don’t challenge the claimed exemption for Tiny Tim’s crutch., Ebenezer.”

“But, under Tennessee law . . .”

“Uh uh uh!”

“OK, deal.”

——————————————-

John was appointed Standing Chapter 13 Trustee for the Northern District of Ohio, Western Division on October 1, 2007

No Author Biography has been linked to this Article.

Related Articles

June 2, 2019
By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee If a Chapter 13 debtor does not list a creditor on the creditor matrix when filing the petition and makes no effort to provide supplemental notice to the creditor, the provisions of Rule 3002 allow the extension of time for the creditor to file a...
Members
Academy Circle Logo Final
February 12, 2023
Previously the Emeritus Trustees (“ETC”) were asked to comment on “How to Manage Unprofessional and Discourteous Attorneys”. We now turn to ETC to share their collective wisdom when addressing the issues raised by incompetent, unprepared, and negligent bankruptcy counsel. Chapter 13 Trustees are required to administer cases in accordance with the duties set forth in 11 U.S.C. Sec. 1302 and...
Members
January 26, 2020
By Cathy Moran, Esq. (Redwood City, CA) Clouds of uncertainty have hovered over Chapter 13 debtors who find that they need to sell appreciated property before the case is over. Does appreciation occurring after filing go to creditors on the theory that the appreciation is property of the estate? Or does the vesting of property at confirmation entitle the debtor...
Members
December 22, 2019
By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN) Part VII Introduction This series focuses on four bankruptcy-related bills that were enacted during the 116th Congress and signed into law on August 23, 2019. One bill, the Small Business Reorganization Act of 2019 (SBRA), will be effective February 19, 2020. It appears in its entirety in Appendix B to...
Members
Copy of Hildebrand-2016
June 26, 2022
Even though the Model Plan in the district provides that the applicable commitment period starts from confirmation, the debtor may not apply pre-confirmation payments toward payments made during the applicable commitment period but must apply those payments in addition to the applicable commitment period payments. (Applebaum) In re Batoha, 2022 WL 1310943 (Bankr. E.D. Mich. May 2, 2022) Case Summary...
Members
September 27, 2020
By The Honorable William Houston Brown (Retired) Debtors’ attorney fees not authorized under Equal Access to Justice Act (EAJA). Although the Chapter 13 debtors had prevailed before the Ninth Circuit, In re Sisk, 962 F.3d 1133 (9th Cir. 2020), their application for attorney fees as prevailing parties under EAJA was denied. That Act did not authorize awards of attorney fees...
Members
August 25, 2019
By Gretchen D. Holland, Standing Chapter 13 Trustee for the Greenville/Spartanburg Division of South Carolina The Bankruptcy Code does not – and thus a trustee cannot – require a debtor to treat nondischargeable student loan debts in a separate class from other general unsecured claims under § 1322(b)(1), even when including them all in the same pool will result in...
Members
McCormick2
August 13, 2023
In the fall of 2021, Michael McCormick provided subscribers with an EXCELLENT, expository, seven-part outline on mortgage escrow.   This information is just as relevant today as when we first published it with one important update . . . When the next escrow analysis is performed and the servicer has received less than 12 payments of escrow (and often zero, as is often the case after the borrower received a forbearance during the COVID pandemic), the escrow balance will be far less than anticipated!!
Members
July 5, 2020
By Anthony J. Gomez, CPA, former extern to the Honorable John P. Gustafson, Northern District of Ohio at Toledo V. The Good Faith Requirement The hanging paragraph was enacted to protect creditors. It accomplishes this by prohibiting the bifurcation of certain secured debts that were acquired shortly before the time of filing. Despite a Chapter 13 debtor’s inability to bifurcate...
Members
November 8, 2020
By David Cox,1 Cox Law Group, PLLC (Lynchburg, VA) Some Basics about Secured Claim Treatment in Chapter 13 What is a Secured Claim under § 506(a)? Secured by a lien on property of the debtor’s bankruptcy estate. Some value in the property to which the lien may attach. Must be secured by property that is property of the debtor’s bankruptcy...
Members

Looking to Become a Member?

ConsiderChapter13.org offers a forum to advance continuing education of consumer bankruptcy via access to insightful articles, informative webinars, and the latest industry news. Join now to benefit from expert resources and stay informed.

Webinars

These informative sessions are led by industry experts and cover a range of consumer bankruptcy topics.

Member Articles

Written by industry experts, these articles provide in-depth analysis and practical guidance on consumer bankruptcy topics.

Industry News

The Academy is the go-to source for the latest news and analysis in the Chapter 13 bankruptcy industry.

To get started, please let us know which of these best fits your current position: