|
UNITED
STATES TRUSTEE PROGRAM |
The USTP Bankruptcy
Library contains articles
on a wide variety of bankruptcy-related topics by
employees of the United States Trustee Program.
Please see Disclaimers and Note below.
Articles published or written in: 2004 |2003 | 2002 | 2001 | 2000 | 1999 | 1998
| 2004 |  |
Audits
and Field Exams–What You Should Know and How to Avoid Common Deficiencies
By Suzanne Hazard, Deputy Assistant Director, Chapter 7 Oversight, EOUST. Reprinted
with permission from the Journal of the National Association of Bankruptcy Trustees
(NABtalk), Summer, 2004 issue, Vol. 20, No. 2. This web-posted version
may appear slightly different from the published article.
Riding
the Filing Rollercoaster
By Ed Flynn, and Gordon Bermant. Reprinted with permission from the ABI Journal,
Vol. XXIII, No. 6 (July/August 2004). This web-posted version may appear
slightly
different from the published article.
Related
Chapter 11 Filings
By Ed Flynn, and Gordon Bermant. Reprinted with permission from the ABI Journal,
Vol. XXIII, No. 5 (June 2004). This web-posted version may appear slightly
different from the published article.
Who's
Number One?
By Ed Flynn, and Gordon Bermant. Reprinted with permission from the ABI Journal,
Vol. XXIII, No. 2 (March 2004). This web-posted version may appear slightly
different
from the published article.
Credit
Card Debt in Chapter 7 Cases
By Ed Flynn, and Gordon Bermant. Reprinted with permission from the ABI Journal,
Vol. XXII, No. 10 (December/January 2004). This web-posted version may appear
slightly
different
from the published article.
| 2003 | |
Be
It Ever So Humble, There's No Place Like Home
By Ed Flynn,
and Gordon Bermant. Reprinted with permission from the ABI Journal,
Vol. XXII, No. 7 (September 2003). This web-posted version
may appear slightly different from the published article.
A
Day In Bankruptcy
By Ed Flynn, and Gordon Bermant. Reprinted with permission from the ABI Journal,
Vol. XXII, No. 5 (June 2003). This web-posted version may appear slightly
different from the published article.
Chapter
7 Asset Cases: Part II
By Ed Flynn, and Gordon Bermant. Reprinted with permission from the ABI Journal,
Vol. XXII, No. 4 (May 2003). This web-posted version may appear slightly
different from the published article.
High
Debt Debtors
By Ed Flynn, and Gordon Bermant. Reprinted with permission from the ABI Journal,
Vol. XXII, No. 2 (March 2003). This web-posted version may appear slightly
different from the published article.
Beyond
Identifying the Problem: Debtor ID Initiatives Move Ahead
By Martha Davis and Jane Limprecht. Reprinted with permission
from the ABI Journal, Vol. XXII, No. 3 (April 2003). This web-posted version
may appear slightly different from the published article.
Handling
Involuntary Bankruptcies: Top Twenty Tips for Petitioners, Judges, Alleged
Debtors, Assignees, Secured Creditors and Trustees. (Part II)
By Richard C. Friedman. Reprinted (or posted) from the March/April 2003 issues
of the Commercial Law Bulletin with permission of the Commercial Law League of
America.
Handling
Involuntary Bankruptcies: Top Twenty Tips for Petitioners, Judges, Alleged
Debtors, Assignees, Secured Creditors and Trustees. (Part I)
By Richard C. Friedman. Reprinted (or posted) from the January/February 2003
issues of the Commercial Law Bulletin with permission of the Commercial Law League
of America.
Yet
Another View of In re Pillowtex
By Joseph
Guzinski. Reprinted with permission from the ABI Journal, Vol. XXII,
No. 1 (February 2003). This web-posted version may appear slightly different
from the published article.
| 2002 |
|
7/13/UST:
Working in Partnership
By J. Christopher
Marshall, United States Trustee, Region 1. Reprinted with permission from the
Journal of the National Association of Bankruptcy Trustees (NABtalk),
Winter, 2002 issue, Vol. 18, No. 4. This web-posted version may appear slightly
different from the published article.
Civil
Enforcement: An Early Report
By J. Christopher
Marshall, United States Trustee, Region 1. Reprinted with permission from the
Journal of the National Association of Bankruptcy Trustees (NABtalk),
Fall, 2002 issue, Vol. 18, No. 3. This web-posted version may appear slightly
different from the published article.
Bankruptcy
By The Numbers — Chapter 7 Debtors from 19-92
By Ed Flynn,
Gordon Bermant, and Karen Bakewell. Reprinted with permission from the ABI
Journal, Vol. XXI, No. 9 (December/January 2003). This web-posted version
may appear slightly different from the published article.
Bankruptcy
By The Numbers — Chapter 7 Asset Cases
By Ed Flynn,
Gordon Bermant, and Suzanne Hazard. Reprinted with permission
from the ABI
Journal, Vol. XXI, No. 9 (December/January 2003). This web-posted version
may appear slightly different from the published article.
Bankruptcy
By The Numbers — A Tale of Two Chapters: Financial Data
By Ed Flynn,
Gordon Bermant, and Karen Bakewell. Reprinted with permission from the ABI
Journal, Vol. XXI, No. 8 (October 2002). This web-posted version may appear
slightly different from the published article.
The
Civil Enforcement Initiative: A Review of the First Ten Months and a Look at
the Next Stage
By Antonia G. Darling
and Mark A. Redmiles. Reprinted with permission from the ABI Journal,
Vol. XXI, No. 7 (September 2002). This web-posted version may appear slightly
different from the published article.
The
Civil Enforcement Initiative: A Chapter 13 Perspective
By Sandra J. Forbes.
Reprinted with permission from the National Association of Chapter 13 Trustees
(NACTT Quarterly), October/November/December 2002 issue. This web-posted version
may appear slightly different from the published article.
How
to Keep Your Clients And You From Becoming Enforcement Targets
By Mark Neal. Originally
printed in the September/October 2002 Edition of the Maryland Bar Journal, reprinted
with permission of the Maryland State Bar Association. This web-posted version
may appear slightly different from the published article.
Bankruptcy
By The Numbers — A Tale of Two Chapters
By Ed Flynn,
Gordon Bermant, and Karen Bakewell. Reprinted with permission from the ABI
Journal, Vol. XXI, No. 7 (August 2002). This web-posted version may appear
slightly different from the published article.
A
New Approach to Accountability in the Bankruptcy System
By Lawrence
Friedman, Director, Executive Office for U.S. Trustees. Reprinted with permission
from the ABI Journal, Vol. XXI, No. 5 (June 2002). This web-posted version
may appear slightly different from the published article.
Independent
Audits: Where Perception and Reality Hit the Road
By Sandra J. Forbes.
Reprinted with permission from the National Association of Chapter 13 Trustees
(NACTT Quarterly), April/May/June 2002 issue. This web-posted version may appear
slightly different from the published article.
Office
Of The U.S. Trustee Launches Civil Enforcement Initiative
By J. Christopher
Marshall. Originally printed in the Boston Bar Newsletter, June 25, 2002, No.
2, reprinted with permission of the Boston Bar Association. This web-posted
version may appear slightly different from the published article.
Field
Exams and OIG Audits - A Brief Report on the Most Common Problems
By J. Christopher
Marshall, United States Trustee, Region 1, and Suzanne Hazard, Deputy Assistant
Director for Review and Oversight, EOUST. Reprinted with permission from the
Journal of the National Association of Bankruptcy Trustees (NABtalk),
Spring, 2002 issue, Vol. 18, No. 1. This web-posted version may appear slightly
different from the published article.
Bankruptcy By The Numbers — Just
Recently Hired: Job Tenure Among No-Asset Chapter 7 Debtors
By Gordon
Bermant, Ed Flynn and Karen Bakewell. Reprinted with permission from the ABI
Journal, Vol. XXI, No. 4 (May 2002). This web-posted version may appear
slightly different from the published article.
Bankruptcy
By The Numbers — A Closer Look at Elderly Chapter 7 Debtors
By Ed Flynn,
Gordon Bermant, and Karen Bakewell. Reprinted with permission from the ABI
Journal, Vol. XXI, No. 3 (April 2002). This web-posted version may appear
slightly different from the published article.
Entering
the Twenty-First Century: Some Views on Electronic Case Filing from the U.S.
Trustee's Perspective
By Donald F.
Walton, Acting U.S. Trustee, Region 3, and W. Clarkson McDow, Jr., U.S. Trustee,
Region 4. Reprinted with permission from the ABI Journal, Vol. XXI, No.
3 (April 2002). This web-posted version may appear slightly different from the
published article.
Bankruptcy
By The Numbers — Delaware Chapter
11's
By Ed Flynn
and Gordon Bermant. Reprinted with permission from the ABI Journal, Vol.
XXI, No. 2 (March 2002). This web-posted version may appear slightly different
from the published article.
Emerging
Chapter 11 Issues in Bankruptcy Administration
By Joseph
A. Guzinski. Reprinted with permission from the ABI Journal, Vol. XXI,
No. 1 (February 2002). This web-posted version may appear slightly different
from the published article.
Bankruptcy
By The Numbers — Where is Local Legal Culture? The Case of Consumer Chapter
Choice
By Gordon Bermant,
Ed Flynn and Karen Bakewell. Reprinted with permission from the ABI Journal,
Vol. XXI, No. 1 (February 2002). This web-posted version may appear slightly
different from the published article.
| 2001 |
|
Debtors
Deserve Better: Quality of Representation Raises Troubling Questions
By Jan Samuel Ostrovsky.
Reprinted with permission from the ABI Journal, Vol. XX, No.10 (Dec 2001).
This web-posted version may appear slightly different from the published article.
Bankruptcy
By The Numbers — Chapter 13 Disbursements in Fiscal Year 2000: Steady Growth
By Gordon Bermant
and Ed Flynn. Reprinted with permission from the ABI Journal, Vol. XX,
No. 9 (November 2001). This web-posted version may appear slightly different
from the published article.
Bankruptcy
By The Numbers — The Class of 2000
By Ed Flynn and Gordon
Bermant. Reprinted with permission from the ABI Journal, Vol. XX, No.
8 (October 2001). This web-posted version may appear slightly different from
the published article.
Bankruptcy
By The Numbers — Exploring the (Complex) Causes of Bankruptcy
By Gordon Bermant
and Ed Flynn. Reprinted with permission from the ABI Journal, Vol. XX,
No. 7 (September 2001). This web-posted version may appear slightly different
from the published article.
Protecting
the Integrity of the Bankruptcy System in Chapter 7 No-Asset Cases
By W. Clarkson McDow,
Jr. Reprinted with permission from the Journal of the National Association
of Bankruptcy Trustees (NABtalk), Fall, 2001 issue, Vol. 17,
No. 3. This web-posted version may appear slightly different from the published
article.
Bankruptcy
By The Numbers — The Impact of the Coming Fee-Waiver Provision
By Ed Flynn and Gordon
Bermant. Reprinted with permission from the ABI Journal, Vol. XX, No.
6 (July/August 2001). This web-posted version may appear slightly different
from the published article.
The
Questions Behind the Numbers
By J. Christopher
Marshall. Reprinted with permission from the Journal of the National Association
of Bankruptcy Trustees (NABtalk), Summer, 2001 issue, Vol.
17, No. 2. This web-posted version may appear slightly different from the published
article.
Bankruptcy
By The Numbers -- Chapter 13: Who Pays the Mortgage?
By Gordon Bermant
and Ed Flynn. Reprinted with permission from the ABI Journal, Vol. XX,
No. 5 (June 2001). This web-posted version may appear slightly different from
the published article.
Bankruptcy
By The Numbers -- Filing Projections
By Ed Flynn and Gordon
Bermant. Reprinted with permission from the ABI Journal, Vol. XX, No.
4 (May 2001). This web-posted version may appear slightly different from the
published article.
Bankruptcy
By The Numbers -- Sources of Variability in Chapter 13 Performance
By Gordon Bermant
and Ed Flynn. Reprinted with permission from the ABI Journal, Vol. XX,
No. 3 (April 2001). This web-posted version may appear slightly different from
the published article.
Beyond
the Bankruptcy Bill: Transparency in the Bankruptcy System
By Martha Davis.
Reprinted with permission from the ABI Journal, Vol. XX, No. 3 (April
2001). This web-posted version may appear slightly different from the published
article.
Bankruptcy
By The Numbers -- Not Many Debtors Can Wear This Mini
By Ed Flynn and Gordon
Bermant. Reprinted with permission from the ABI Journal, Vol. XX, No.
2 (March 2001). This web-posted version may appear slightly different from the
published article.
Bankruptcy
By The Numbers -- Planning
for Change -- Credit Counseling at the Threshold of Bankruptcy
By Gordon Bermant and Ed
Flynn. Reprinted with permission from the ABI Journal, Vol. XX, No. 1
(Feb 2001). This web-posted version may appear slightly different from the published
article.
The
Law of Reopening: Revisited
By Alexander L. Edgar. Reprinted
with permission from the ABI Journal, Vol. XX, No. 1 (Feb 2001). This
web-posted version may appear slightly different from the published article.
Bankruptcy
By The Numbers -- How Fresh is the Fresh Start?
By Gordon Bermant and Ed
Flynn. Reprinted with permission from the ABI Journal, Vol. XIX, No.
10 (Dec/Jan 2001). This web-posted version may appear slightly different from
the published article.
Fresh
Start or False Start?--Dealing with Identify Theft in Bankruptcy Cases
By Jane E. Limprecht. Reprinted
with permission from the ABI Journal, Vol. XIX, No. 10 (Dec/Jan 2001).
This web-posted version may appear slightly different from the published article.
| 2000 |
|
Bankruptcy
By The Numbers -- Stability and Change in Chapter 13 Activity (1990-1999)
By Gordon Bermant and Ed
Flynn. Reprinted with permission from the ABI Journal, Vol. XIX, No.
9 (Nov 2000). This web-posted version may appear slightly different from the
published article.
Estimating
The Yield To Creditors Of Chapter 13 Cases
By Gordon Bermant and Ed Flynn.
Bankruptcy
By The Numbers -- Charging Into Bankruptcy
By Ed Flynn and Gordon Bermant.
Reprinted with permission from the ABI Journal, Vol. XIX, No. 8 (Oct.
2000). This web-posted version may appear slightly different from the published
article.
Bankruptcy
By The Numbers -- Lifestyles of the Rich and Bankrupt
By Ed Flynn and Gordon Bermant.
Reprinted with permission from the ABI Journal, Vol. XIX, No. 7 (Sept.
2000). This web-posted version may appear slightly different from the published
article.
Bankruptcy
By The Numbers -- Measuring
Performance in Chapter 13: Comparisons Across States
By Gordon Bermant and Ed
Flynn. Reprinted with permission from the ABI Journal, Vol. XIX, No.
6 (July/August 2000). This web-posted version may appear slightly different
from the published article.
Bankruptcy
By The Numbers -- Estimating Means-tested Chapter 13 Case Yields from Current
Chapter 13 Performance
By Gordon Bermant and Ed
Flynn. Reprinted with permission from the ABI Journal, Vol. XIX, No.
5 (June 2000). This web-posted version may appear slightly different from the
published article.
Issues
In Chapter 7 Asset Cases Converted From Chapters 11, 12 or 13
By Richard C. Friedman.
Reprinted with permission from the Journal of the National Association of
Bankruptcy Trustees (NABtalk), Summer, 2000 issue, Vol. 16,
No. 2. This web-posted version may appear slightly different from the published
article.
Bankruptcy
Law Survey
By Leo M. Weiss and Elizabeth
E. Brown. Reprinted with permission from the 1999 Annual Survey of Colorado
Law. This web-posted version may appear slightly different from the published
article.
Bankruptcy
By The Numbers -- Distributions and Expenses in Chapter 13
By Gordon Bermant
and Ed Flynn. Reprinted with permission from the ABI Journal, Vol. XIX,
No. 4 (May 2000). This web-posted version may appear slightly different from
the published article.
Bankruptcy
By The Number -- On the Evidence of These Numbers
By Ed Flynn and Gordon
Bermant. Reprinted with permission from the ABI Journal, Vol. XIX, No.
3 (April 2000). This web-posted version may appear slightly different from the
published article.
Effectiveness
and Accountability: Twin Goals of Bankruptcy Reform
By Kevyn D. Orr.
Reprinted with permission from the ABI Journal, Vol. XIX, No. 3 (April
2000). This web-posted version may appear slightly different from the published
article.
Bankruptcy
By The Numbers -- A Small New Window on Chapter 13
By Gordon Bermant and Ed
Flynn. Reprinted with permission from the ABI Journal, Vol. XIX, No.
2 (March 2000). This web-posted version may appear slightly different from the
published article.
Bankruptcy
By The Numbers -- Pre-bankruptcy Planning Limits Means-testing Impact
By Ed Flynn and Gordon
Bermant. Reprinted with permission from the ABI Journal, Vol. XIX, No.
1 (February 2000). This web-posted version may appear slightly different from
the published article.
| 1999 |
|
Bankruptcy
By The Numbers -- Consumer Filings in a Complex Economy
By Gordon Bermant and Ed
Flynn. Reprinted with permission from the ABI Journal, Vol. XVIII, No.
10 (December 1999). This web-posted version may appear slightly different from
the published article.
A Guide To Trustee Elections
By Richard C. Friedman.
Bankruptcy
By The Numbers — Means-Testing: Lessons Learned From
a Single Case
By Ed Flynn and Gordon Bermant.
Reprinted with permission from the ABI Journal, Vol. XVIII, No. 9 (November
1999). This web-posted version may appear slightly different from the published
article.
New
Challenges for Attorneys Signing Reaffirmation Agreements: Meeting a Heightened
Standard of Judicial Review
By J. Christopher Marshall
and Erica K. Bradford. Reprinted with permission from the ABI Journal,
Vol. XVIII, No. 9 (November 1999). This web-posted version may appear slightly
different from the published article.
Bankruptcy
By The Numbers -- Income Trajectories, Debts and Expenses of Some Chapter 7
Debtors, 1996-1998
By Gordon Bermant and Ed
Flynn. Reprinted with permission from the ABI Journal, Vol. XVIII, No.
8 (October 1999). This web-posted version may appear slightly different from
the published article.
Bankruptcy
By The Numbers — Demographics of Chapter 7 Debtors
By Ed Flynn and Gordon
Bermant. Reprinted with permission from the ABI Journal, Vol. XVIII,
No. 7 (September 1999). This web-posted version may appear slightly different
from the published article.
Cash
Collateral: The Risks of Non-Consensual Use
By Dean P. Wyman.
Reprinted with permission from the ABI Journal, Vol. XVIII, No. 7 (September
1999). This web-posted version may appear slightly different from the published
article.
Kuhmo
Tire and the Admissibility of Expert Testimony
By Kenneth M. Dennis.
Reprinted with permission from the Distressed Business and Real Estate Newsletter,
Vol. 13, No. 3 (August-September 1999). This web-posted version may appear slightly
different from the published article.
Civil and Criminal Contempt In Bankruptcy Court
By Clifford J. White
III. This article originally appeared in the USA Bulletin, Vol. 47, No. 4 (August
1999). The USA Bulletin is published by the Department of Justice's Executive
Office for United States Attorneys.
Bankruptcy By The Numbers — Low-income
Chapter 7 Debtors
By Ed Flynn. Reprinted with
permission from the ABI Journal, Vol. XVIII, No. 5 (June 1999). This
web-posted version may appear slightly different from the published article.
A New Role for United States Trustees: Approval
of Credit Counseling Services
By Sue Ann Slates. Reprinted
with permission from the ABI Journal, Vol. XVIII, No. 5 (June 1999).
This web-posted version may appear slightly different from the published article.
Bankruptcy By The Numbers — Exploring the Demographics of Consumer Chapter
Choice
By Gordon Bermant. Reprinted
with permission from the ABI Journal, Vol. XVIII, No. 4 (May 1999). This
web-posted version may appear slightly different from the published article.
Bankruptcy
By The Numbers —Geographic Filing
Trends
By Ed Flynn. Reprinted
with permission from the ABI Journal, Vol. XVIII, No. 3 (April 1999).
This web-posted version may appear slightly different from the published article.
Send
in the SWAT Team: Investigating Embezzlement from Bankruptcy Trust Funds"
By Martha Hallowell
and Michael Sorgaard. Reprinted with permission from the ABI Journal,
Vol. XVIII, No. 3 (April 1999). This web-posted version may appear slightly
different from the published article.
Bankruptcy
By The Numbers — One Hand Clapping: What We Know, & Still Need
to Know, About Consumer Cases
By Gordon Bermant. Reprinted
with permission from the ABI Journal, Vol. XVIII, No. 2 (March 1999).
This web-posted version may appear slightly different from the published article.
Bankruptcy By The Numbers --
Who is Filing Chapter 11?
By Ed Flynn. Reprinted with
permission from the ABI Journal, Vol. XVIII, No. 1 (February 1999). This
web-posted version may appear slightly different from the published article.
A Trustee's Guide to Selected Legal Issues in
Chapter 7 Final Reports
By Richard C. Friedman. Reprinted
with permission from the ABI Journal, Vol. XVIII, No. 1 (February 1999).
This web-posted version may appear slightly different from the published article.
Bankruptcy
By The Numbers — Finding the Best Gross Income Test
By Gordon Bermant.
Reprinted with permission from the ABI Journal, Vol. XVIII, No. 6 (July/August
1999). This web-posted version may appear slightly different from the published
article.
Incomes,
Debts, and Repayment Capacities of Recently Discharged Chapter 7 Debtors
By Gordon Bermant and Ed Flynn.
| 1998 |
|
For
$800 & the Deed to Your Home: Bankruptcy Foreclosure Scams Target Distressed
Home Owners
By Jane E. Limprecht.
Reprinted with permission from the ABI Journal, Vol. XVII, No. 8 (October
1998). This web-posted version may appear slightly different from the published
article.
Bankruptcy
By The Numbers — Measuring Means-testing: It's All in the Words
By Ed Flynn and
Gordon Bermant. Reprinted with permission from the ABI Journal, Vol.
XVII, No. 7 (September 1998). This web-posted version may appear slightly different
from the published article.
Small Business Bankruptcy Reform: Codifying Best Practices
By Linda Ekstrom
Stanley. Reprinted with permission from the ABI Journal, Vol. XVII, No.
6 (July/August 1998). This web-posted version may appear slightly different
from the published article.
Gambling on Dischargeability
By Alexander
L. Edgar and Ellen L. Triebold. Reprinted with permission from the ABI Journal,
Vol. XVII, No. 4 (May 1998). This web-posted version may appear slightly different
from the published article.
Bankruptcy
By The Numbers — Myths and Misconception about Consumer Bankruptcy
Trends
By Ed Flynn. Reprinted with
permission from the ABI Journal, Vol. XVII, No. 2 (March 1998). This
web-posted version may appear slightly different from the published article.
The Rush to Judgment
By Frederic J. Baker. Reprinted
with permission from the ABI Journal, Vol. XVII, No. 2 (March 1998).
This web-posted version may appear slightly different from the published article.
Bankruptcy By The Numbers — Outcomes
of Chapter 11 Cases: U.S. Trustee Database Sheds New Light on Old Questions
By Gordon Bermant and Ed
Flynn. Reprinted with permission from the ABI Journal, Vol. XVII, No.
1 (February 1998). This web-posted version may appear slightly different from
the published article.
Automatically
Violating the Stay?
By Anthony J. Ciccone. This
article originally appeared in the In Bankruptcy newsletter of the Executive
Office for United States Attorneys, Vol. V, No. 3. This web-posted version may
appear slightly different from the published article.
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