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

joseph 12-2024
February 23, 2025
When siblings clash over inherited property or other co-owners get crosswise, § 363(h) provides a powerful tool to resolve disputes, force sales, and bring finality to long-standing family battles over ownership.
Members
joseph 12-2024
January 26, 2025
It looks like the Debtor has completed all plan payments, that the plan is fully consummated, and the debtor is ready for discharge and closing of the bankruptcy case. Not so fast. There may be matters remaining that need to be addressed to get over the finish line. Attorney Joseph offers subscribers a checklist of potential issues that could inhibit discharge.
Members
joseph 12-2024
December 29, 2024
From January: “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
joseph 12-2024
December 15, 2024
“It is said that nothing is certain except for death and taxes, but today the Court is asked a question about death and discharge, for which there is some uncertainty in the Chapter 13 context.”
Members
joseph 12-2024
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!!
joseph 12-2024
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
joseph 12-2024
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
joseph 12-2024
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
joseph 12-2024
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
joseph 12-2024
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
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