Ethical Issues in Bankruptcy Cases - Part III** • NACTT Academy

Ethical Issues in Bankruptcy Cases – Part III**

By Paul W. Bonapfel, United States Bankruptcy Judge, Northern District of Georgia*

The Attorney-Client Privilege

General Principles

The attorney-client privilege is a rule of evidence that prevents the use of certain communications between lawyer and client as evidence. The privilege does not apply to everything that is subject to the confidentiality restrictions of the rules of professional conduct. In federal courts, the Federal Rules of Evidence provide that the attorney-client privilege is determined by reference to federal law when federal law supplies the . . .

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Critical Case Comment–Tardy Filed Stay Extension: Too Bad Too Sad

Henry E. Hildebrand, III

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Court lacks authority to extend stay in a case with a one-time repeat filer within a year of the previous case especially where the matter is tardily raised.

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Courts Continue to Fill in the Gaps on the Interplay of Bankruptcy and the FDCPA

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By Chris Hawkins, Bradley Arant Boult Cummings LLP (Birmingham, AL) The Consumer Financial Protection Bureau (CFPB) published its debt collection final rule in the Federal Register on November 30, 2020, revamping the Fair Debt Collection Practices Act (FDCPA) for the first time since its enactment in 1977. Despite written comments submitted by several industry groups requesting clarity in areas where...

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The Hanging Paragraph – Hanging on Every Word Part 4 of 4

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By Anthony J. Gomez, CPA, former extern to the Honorable John P. Gustafson, Northern District of Ohio at Toledo V. The Good Faith Requirement The hanging paragraph was enacted to protect creditors. It accomplishes this by prohibiting the bifurcation of certain secured debts that were acquired shortly before the time of filing. Despite a Chapter 13 debtor’s inability to bifurcate...

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Critical Case Comment – How Much Is It Worth – Then/Now?

Henry E. Hildebrand, III

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On a trustee’s motion to modify a confirmed Chapter 13 plan, Court required debtor to commit funds to unsecured creditors based upon the previously undisclosed equity generated from post-petition sale of property. (Warren) In re Croniser, 2022 WL 3639413 (Bankr. E.D. N.C. August 23, 2022) Case Summary Duane Croniser filed a voluntary petition under Chapter 13 in January of 2020....

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From the Editor – Debtor’s Attorney

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By The Honorable William Houston Brown (Retired) No attorney fees for Chapter 7 work in converted case. In a case that began as Chapter 7 and converted to Chapter 13, the debtor’s attorney sought fees for work in the Chapter 7 phase under § 330(a)(4)(B) rather than § 330(a)(1). The Court found the better interpretation of § 330(a)(4)(B)’s language “in...

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In the Trenches: Secrets to Settlement – Competency in the Courtroom Part 3 of 3

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By Jan Hamilton, Chapter 13 Trustee (Topeka, KS) Click here for Part 1 of 3 Click here for Part 2 of 3 19. In the Courtroom ― Leading Questions Learning how to conduct a direct examination of your witnesses is the cornerstone to your case. Early . . . It looks like you are not signed in or registered! This...

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From the IRS – Using Strong Password Is a Strong Defense Against Identity Thieves

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Two things taxpayers can do to protect themselves from identity theft is to use strong passwords and keep those passwords secure. While many people use fingerprint or facial recognition technology to protect their devices, sometimes it’s still necessary to use a password. In recent years, cybersecurity experts’ recommendations on what constitutes a strong password has changed. With that in mind,...

Brace & Beyond: Joint Tenancy & Transmutation

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By Cathy Moran, Esq., Moran Law Group (Redwood City, CA) For Californians, the CA Supreme Court’s decision in Brace this summer upended our understanding of joint tenancy and community property. For decades, we “knew” that a property couldn’t be . . . It looks like you are not signed in or registered! This content is only available to members. Join...

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Extensions of CARES Act Provisions By COVID-19 Bankruptcy Relief Extension Act of 2021

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The CARES Act, Public Law 116-136 had amended several parts of the Bankruptcy Code, but included sunset provisions terminating March 27, 2021. The COVID-19 Bankruptcy Relief Extension Act of 2021, H.R.1651, passed by the House and Senate and signed by the President on March 27, 2021, extended some provisions for another year. Section 1113 of the CARES Act had amended...

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Henry E. Hildebrand, III

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