From the Editor

From the Editor – Chapter 13 Issues

By The Honorable William Houston Brown (Retired)

Trustee was “person acting under” officer of United States for removal of suit. A standing Chapter 13 trustee was sued by a terminated employee in state court, and the trustee removed action to federal district court, under the federal officer removal statute, 28 U.S.C.A. § 1442. Chapter 13 trustees receive delegated authority, assisting and carrying out duties of the United States trustee; as such, the Chapter 13 trustee was “acting under” an officer of the United States. A colorable federal defense was asserted, and the trustee was . . .

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

Henry E. Hildebrand, III

February 27, 2022

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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Changes to Form 410A Effective December 1st

Debra L. Miller

November 12, 2023

Just a few more weeks ‘til principal and interest gotta be listed separately on a POC.

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From the Editor – Dismissal

August 2, 2020

By The Honorable William Houston Brown (Retired) Undistributed funds returned to debtor upon dismissal. Under § 1327(b)’s vesting requirement, unless a confirmed plan provides otherwise, any undistributed funds held by the trustee at dismissal of the case must be returned to the debtor. Although not necessary to rely on § 347(b)(3), the conclusion on effect of vesting at confirmation was...

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Critical Case Comment – Separate Class Classy Option for Student Loans

Henry E. Hildebrand, III

January 14, 2024

In some instances, this case could be a real game-changer for dealing with student loans. Chapter 13 plan may classify student loans in a separate class!

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Personal Injury Attorney’s Duty of Reasonable Inquiry of a Client’s Bankruptcy

Michael B. Joseph

August 28, 2022

An attorney meets with a potential client about a recent auto accident personal injury claim. The client suffered severe injuries and may be entitled to a large award. The client fails to mention that he is a debtor in an active bankruptcy. The client also has failed to advise his bankruptcy attorney about the personal injury claim. The debtor/client does...

Treasury, IRS Issue Final Regulations, Other Guidance on New Qualified Business Income Deduction; Safe Harbor Enables Many Rental Real Estate Owners to Claim Deduction

January 27, 2019

1/18/19 the Treasury Department and the IRS issued final regulations and three related pieces of guidance, implementing the new qualified business income (QBI) deduction (section 199A deduction). The new QBI deduction, created by the 2017 Tax Cuts and Jobs Act (TCJA) allows many owners of sole proprietorships, partnerships, S corporations, trusts, or estates to deduct up to 20 percent of...

April 7, 2019

By Wm. Houston Brown, United States Bankruptcy Judge (Retired) Attorney Fees - Chapter 13 debtor’s attorney not entitled to recovery under § 330 of fees that were incurred in defending prior attorneys’ sanctions motion. The debtor’s prior attorneys had sought to impose sanctions on the current attorney, and that attorney successfully defended against sanctions. However, the fees incurred by the...

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Weighted Caseload: Why It Matters and How It Works and Doesn’t Work

Honorable Brian D. Lynch

December 31, 2023

“Currently, if a district’s weighted caseload is below one-thousand per the number of judges in that district . . . in all probability, recommend that the circuit not replace the judge.”

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From the Editor – Claims

October 20, 2019

By The Honorable William Houston Brown (Retired) Claimant in proof of claim lacking prima facie validity was sanctioned. The proof of claim secured by the debtor’s residence failed to satisfy Rule 3001(c)(2)(C) requirements, including incomplete Form B 410A with no payment history. The claimant’s attempt to amend the claim on the eve of the contested objection to claim would defeat...

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From the Editor – Debtor’s Attorney

May 17, 2020

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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From the Editor – Chapter 13 Issues

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Related Articles

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

Changes to Form 410A Effective December 1st

From the Editor – Dismissal

Critical Case Comment – Separate Class Classy Option for Student Loans

Personal Injury Attorney’s Duty of Reasonable Inquiry of a Client’s Bankruptcy

Treasury, IRS Issue Final Regulations, Other Guidance on New Qualified Business Income Deduction; Safe Harbor Enables Many Rental Real Estate Owners to Claim Deduction

From the Editor

Weighted Caseload: Why It Matters and How It Works and Doesn’t Work

From the Editor – Claims

From the Editor – Debtor’s Attorney

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