Legal Aid and Who Are Our Chapter 13 “Customers”

By Rachel Jones, Staff Attorney to Chapter 13 Standing Trustee Chris Micale, Western District of Virginia (Roanoke)

The events of 2020 have had a devastating impact on the very low-income population. The working poor are struggling, particularly those working in sectors such as hospitality and tourism. State and Federal funding and local programs . . . → Read More: Legal Aid and Who Are Our Chapter 13 “Customers”

Why Junk the Whole System When Minor Remedies Would Suffice?

By Shannon Garrett, Esq. (Topeka, KS)

As a Debtor’s bankruptcy practitioner, I was encouraged to see Senator Warren’s proposed reform plan. Bankruptcy is one of the few areas where bipartisan support and action are possible, and being a fan of the current structure, I welcome the reform as a chance to make a good . . . → Read More: Why Junk the Whole System When Minor Remedies Would Suffice?

Chapter 13 –Success/Benefits & Everything in between

By Robert S. Thomas, II,1 Chapter 13 Standing Trustee for the District of Maryland (Baltimore)

All stakeholders strive to make the Chapter 13 program efficient and beneficial to all parties. The Chapter 13 program has evolved over the years to better serve debtors and creditors. This is due in part because of the remarkable . . . → Read More: Chapter 13 –Success/Benefits & Everything in between

A Few of Our Favorite (Chapter 13) Things

(To be sung to the tune of Julie Andrews’ version of “These Are a Few of My Favorite Things” from The Sound of Music)

Raindrops on roses, and whiskers on kittens, Bright copper kettles and warm woolen mittens– Hey, wait a minute, that’s not what I mean; It’s time that we focus on Chapter . . . → Read More: A Few of Our Favorite (Chapter 13) Things

Consumer Bankruptcy Reform Act of 2020 Introduced

By Hon. William Houston Brown, Adviser, Academy for Consumer Bankruptcy Education and Margaret A. Burks, Chapter 13 Trustee (Cincinnati, OH)

Senator Elizabeth Warren (D. Mass.) and House Judiciary Committee Chairman Jerrold Nadler (D. N.Y.) have introduced the Consumer Bankruptcy Reform Act of 2020. Introduction of the Act is only the beginning of the . . . → Read More: Consumer Bankruptcy Reform Act of 2020 Introduced

Ask Ms. Ps & Qs

By Professor Nancy Rapoport

Dear Readers:

The ConsiderChapter13.org staff has, once again, raised an important ethics issue: how far does the attorney-client privilege go? In Taylor Lohmeyer Law Firm v. United States,1 the Fifth Circuit had to wrestle with that issue after the law firm (Taylor Lohmeyer) claimed a blanket attorney-client privilege for all . . . → Read More: Ask Ms. Ps & Qs

One Woman’s Opinion

By Margaret A. Burks, Chapter 13 Standing Trustee for the Southern District of Ohio (Cincinnati)

Chapter 13 works.

Some people wish to continually criticize Chapter 13.

They criticize the success rate.

They criticize racial bias.

They criticize how Chapter 13 works.

They also criticize the fact that Chapter 13 appears less voluntary . . . → Read More: One Woman’s Opinion

A Guide to the Small Business Reorganization Act of 2019

Paul W. Bonapfel U.S. Bankruptcy Judge, N.D. Ga.

XIV. Supplement (November 2020) (Added as Part XIV to November version)

I. Introduction

***Insert text at end of note 5 on page 2

Amendments to the Bankruptcy Code in 1994 permitted a qualifying small business debtor to elect small business treatment. As amended, . . . → Read More: A Guide to the Small Business Reorganization Act of 2019

Practice Pointers for Arguing Motions

By William Sawyer, Chief U.S. Bankruptcy Judge for the Middle District of Alabama (Montgomery) (Used with permission. Court News and Views, Volume 18, October 2020)

Lawyers who practice regularly in bankruptcy court invariably make many appearances at motion dockets. This article provides practice pointers to lawyers who do not practice often in this Court . . . → Read More: Practice Pointers for Arguing Motions

Meet the Newest Trustee

By Academy Staff

On October 1, 2020, Jonathan W. DeLoach was appointed as a Chapter 13 Standing Trustee for the Middle District of Georgia. He inherited a razor-sharp trusteeship vacated by retiring Kristin Hurst.

Jon, as he prefers to be called, received his Bachelor of Arts in History in 1988 from Emory University in . . . → Read More: Meet the Newest Trustee