Temple Law Review will soon publish a volume honoring Bill Whitford, based on a conference from last fall. That event was particularly special for an additional reason: it turned out to be the last opportunity, for many of us, to spend time with another inspiring leader in our field, Jean Braucher.
My own short contribution, on judicial oversight in chapter 13 bankruptcies, has just been posted here. We will share the word when the entire volume is available – including, I believe, a piece from Jean.
Gavel image courtesy of Shutterstock
Comments
4 responses to “Who “Presides” over Chapter 13 Plan Confirmation Hearings?”
Prof. Jacoby raises very interesting points. As a chapter 13 trustee, I work hard to make certain that the delegation that I take on is logistical and procedural only. No substantive issues are “decided.” But many debtors (and creditors) are aware that in essence the trustee’s position on an issue will be what establishes the burden of proof. Thank you for making this article available
Your intro to your note hits hard – (quoting Judge Bilby as saying, “[m]ost district judges like bankruptcy about a as much as AIDS . [t]hey hate [bankruptcy], they don’t want anything to do with it”); id. at 122 (“Most judges will take two death penalty cases to one bankruptcy case.”
With no prospect of bankruptcy reform on the horizon (meaning the ABI’s recommendation for Chapter 11 reform will languish in Congress), and Article III appellate courts not interested in bankruptcy issues, and split upon split in the Circuits, whereas case by case review by the Supreme Court will take centuries to address all the issues, then it is left to you scholars to straighten things out.
Back in the 60’s I watched my Philosophy, Sociology, and Anthropology Professors try to form a human brocade between the advancing riot police and we protesting students, only for the Professors to get stomped to the ground, which in turn motivated students to a higher call to action.
Moral to this very American story – when academia bleeds its succeeds.
There is very obviously some text missing on page 893 of the article. Could you let us know what it is? Thanks.
Thanks for the heads up on the glitch, Jeff – The missing text is “have completed their plans”