From the Editor’s Desk – Attorney Fees and Issues • NACTT Academy

From the Editor’s Desk – Attorney Fees and Issues

By The Honorable William Houston Brown (Retired)

Out of state firm, and local counsel, representing debtors failed to provide adequate representation. Neither Florida law firm, which solicited business nationally as provider of mortgage defense and bankruptcy services, nor its local attorneys, provided adequate representation of Chapter 13 debtors when Florida firm failed to adequately supervise paralegals and legal assistants in preparation of petition and schedules, and local counsel recklessly provided ECF login and password to Florida firm. Attorneys also failed to attend hearing on motion to dismiss for filing deficiencies, which standing order required. Substitute attorney . . .

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Beyond Professional Ethics

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By Merideth Akers, CPA, PHR, Comptroller forBradford W. Caraway (Birmingham, AL) I am a Certified Public Accountant (CPA) and a Professional in Human Resources (PHR). I suspect that many who read this article are Licensed Attorneys. Others may hold a certification from other professions. These entities have their own rules of professional ethics and conduct that govern what we are...

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Can a Secured Claim Still “Ride-Through” Bankruptcy Despite BAPCPA? – Part 1 In re Rhodes Says, “Let Me Count the Ways”

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Here’s What Taxpayers Should Know About Making 2019 Estimated Tax Payments

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Small business owners, self-employed people, and some wage earners should look into whether they should make estimated tax payments this year. Doing so can help them avoid an unexpected tax bill and possibly a penalty when they file next year. Everyone must pay tax as they earn income. Taxpayers who earn a paycheck usually have their employer withhold tax from...

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Critical Case Comment – Bad Faith to Not Pay Both Tests?

Henry E. Hildebrand, III

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Chapter 13 debtor is not obligated to pay both the disposable income pool and the best interest of creditors test pool to achieve confirmation, only the larger of the two; it is not a manifestation of bad faith that the debtor does not pay both the disposable income pool and the best interest of creditors test amounts. (Altenberger) In re...

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In re Crocker: New Approaches to Discharge Enforcement and Student Loan Dischargeability?

November 17, 2019

By Alexander E. Schmidt, Law Clerk to the Honorable John P. Gustafson (Toledo, OH) As any attorney with an eye for case law can tell you, circuit-level opinions that decide matters of first impression deserve extra attention from practitioners. Not only do these opinions oftentimes illuminate the dark corners of the law, they can also raise or provide answers to...

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Postpetition Borrowing by a Consumer Debtor in Chapter 13 – Part 2 of 2

May 12, 2019

By Judge Michael A. Fagone & Career Law Clerk Ciera S. Dye III. Policy Considerations Where the statute does not provide definitive guidance, courts often turn to policy considerations. How do those considerations weigh out here? One answer is that policy considerations cut against imposing any sort of requirement of preapproval for postpetition borrowing by a consumer debtor. Several reasons...

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Trustee May Use Any Law Available to Avoid a Transfer

March 17, 2019

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Chapter 13 Trustee Duties, Powers, and Limitations

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By James J. Robinson, Chief United States Bankruptcy Judge, Northern District of Alabama Who appoints the standing chapter 13 trustee? The United States Trustee appoints the standing chapter 13 trustee for each judicial district where the UST system is in place, while the court appoints the standing chapter 13 trustee under the Bankruptcy Administrator program. See 11 U.S.C. § 1302...

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From the Editor – Debtor’s Attorney

May 17, 2020

By The Honorable William Houston Brown (Retired) Sanctions for including foreclosed property in petition. On creditor’s motion, sanctions for attorney fees and costs were awarded against Chapter 13 debtor’s attorney for scheduling as property of estate real property that had been foreclosed and on which debtor’s redemption period had expired. Under Rule 9011(c), a safe harbor letter from the creditor...

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