Michael B. Joseph

Former Chapter 13 Trustee

Biography

Michael B. Joseph was the Chapter 13 Trustee for the District of Delaware (appointed in 1987) and has served as a Chapter 7 Bankruptcy Trustee (appointed in 1981) and a Chapter 12 Case Trustee. He also is a founding Director of the Wilmington, Delaware law firm of Ferry, Joseph, P.A.  Mr. Joseph received his B.A. from Rutgers University (1972) and his J.D. from Widener University (1975). He is admitted to practice in Delaware (1976), New Jersey (1977), United States District Court for the District of Delaware (1977) and the Third Circuit Court of Appeals (1990). Mr. Joseph is a Fellow of the American College of Bankruptcy. Mr. Joseph is a Past President of the National Association of Chapter 13 Trustees (2010-2011) He also has served as a member of the Liaison Committee to the U.S. Department of Justice Executive Office for United States Trustees in Washington, D.C. (2006-2011). He is a member of the Bankruptcy Section of the Delaware State Bar Association, and the American Bankruptcy Institute.

Articles by Michael B. Joseph

M Joseph Photo 2-1-22
September 1, 2024
This article is a FREE resource for attorneys representing consumers in bankruptcy. Print it, mail it, or forward the link, carrier pigeon, whatever it take - get it into the hands of the personal injury attorneys in your area. You will educate them on their responsibilities AND create a referral avenue for yourself! You’re welcome!!
M Joseph Photo 2-1-22
July 28, 2024
Could it be that chapter 13 got it right? How does the recent United States Supreme Court holding in Harrington v. Purdue Pharma impact chapter 13 cases?
Members
M Joseph Photo 2-1-22
June 30, 2024
When a below median debtor’s plan is based on best interest of creditor’s test, will future increase in income expose the debtor to a motion to modify to capture increase?
Members
M Joseph Photo 2-1-22
March 10, 2024
“ . . . practice and procedure accomplishing the lien strip have been slow to evolve since 2017. . . . in the jurisdictions that opted out of usage of the Form 113 Plan, multiple iterations for lien stripping and release are found.”
Members
M Joseph Photo 2-1-22
January 21, 2024
“Is it possible to voluntarily convert a chapter 13 case to chapter 7, and later reconvert back to chapter 13? There is a split of authority on whether this maneuver is allowed.”
Members
M Joseph Photo 2-1-22
November 5, 2023
“The focus of this article is to review some of the issues faced in cases with pending state court marital property division proceedings.”
Members
M Joseph Photo 2-1-22
July 23, 2023
Social media and internet dating sites have given rise to romance and confidence schemes.  Catfishing and spear phishing are extensively used.  Catfishing is faking an identity on the internet. Spear phishing uses more sophisticated and direct messages to trick the victim. New AI programs make it easier to reach and victimize the targets. The fraudsters prey upon the elderly, widowed...
Members
M Joseph Photo 2-1-22
January 8, 2023
Under the CARES Act 11 USC § 1329 was amended to include a temporary provision that permitted confirmed chapter 13 plans to extend the plan term to up to 84 months. To do so, debtors were required to show they were affected by COVID, § 1329(d).i The maximum term under 11 USC §1329(c) has always been 60 months. Under the...
Members
M Joseph Photo 2-1-22
August 28, 2022
An attorney meets with a potential client about a recent auto accident personal injury claim. The client suffered severe injuries and may be entitled to a large award. The client fails to mention that he is a debtor in an active bankruptcy. The client also has failed to advise his bankruptcy attorney about the personal injury claim. The debtor/client does...
M Joseph Photo 2-1-22
June 12, 2022
It is always troublesome when an individual bankruptcy petition is filed by power of attorney. It may be less of a concern in a chapter 7 case when the debtor is in the military, incarcerated, or temporarily disabled. More worrisome is the incompetent or advanced aged debtor who has been placed in a chapter 13 by someone holding a power...
Members
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