Attorney Fee Only Plans as a Means to Provide Access to the Courts: Trustee’s Response

By Rebecca ConnellyMs. Connelly was appointed Chapter 13 Standing Trustee for the Western District of Virginia in 2000.

The truly controversial question presented in our hypothetical is not whether the “attorney fee only plan” should be denied as lacking good faith, but whether doing so is effectively denying access to the courts. If the answer is yes, the remedy to this obstacle should not be to disregard eligibility requirements for Chapter 13 or to permit obvious misrepresentations in bankruptcy cases, even if in furtherance of a worthy purpose; instead the remedy should . . .

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From the Editor – Discharge Injunction

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By The Honorable William Houston Brown (Retired) Section 524(i) applies only to long-term debts not discharged through plan. Whether § 524(i) applied to short-term secured debts that are paid in full and discharged through a Chapter 13 plan was a matter of first impression, with the Court finding no other court had yet decided precise question. Factors used in Supreme...

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IRS Extends April 15, Other Upcoming Deadlines for Alabama Storm Victims, Provides Other Tax Relief

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By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN) Are private educational student loans automatically excepted from discharge by § 523(a)(8). (Jacobs) Homaidan v. Sallie Mae, Inc., Navient Solutions, LLC, 2021 WL 2964217 (2nd Cir. July 15, 2021) Case Summary Hilal Homaidan received a number of educational loans to attend College. Shortly after graduation, he filed a Chapter...

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Critical Case Comment – Time is of the Essence

Henry E. Hildebrand, III

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Cathy Moran

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Lawrence R. Ahern, III

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