From the Editor

From the Editor – Modification

By The Honorable William Houston Brown (Retired)

Decision certified to Fifth Circuit on whether above-median debtor may receive discharge prior to completion of 60-month plan. With no controlling decision from Fifth Circuit, the bankruptcy court approved the confirmed debtors’ ability to obtain discharge without paying unsecured creditors 100%, when they had made a lump sum payment that, combined with regular payments, exceeded the plan base. Trustee had moved to modify the plan to increase the plan base and appealed denial of that motion, citing four circuits’ opinions that above-median debtors are bound by . . .

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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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From the Editor – Lien Issues

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By The Honorable William Houston Brown (Retired) Chapter 13 debtor had no authority under § 544. Discussing the split of authority, the Court adopted the majority view that the Code gives § 544 avoidance authority exclusively to the trustee, and the Chapter 13 debtor could not use that power to avoid a mortgage lien. In re Dobbs, _________B.R._________, 2019 WL...

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The IRS has some good news for taxpayers who are selling their home. When filing their taxes, they may qualify to exclude all or part of any gain from the sale from their income. Here are some things that homeowners should think about when selling a home: Ownership and use To claim the exclusion, the taxpayer must meet ownership and...

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Prior to his appointment as a bankruptcy judge for the District of Utah in September of 2015, Judge Anderson served for seventeen years as the Standing Chapter 13 Trustee for the District of Utah. During this time, he administered over 70,000 Chapter 13 cases. Judge Anderson was elected president of the National Association of Chapter 13 Trustees (NACTT), and he...

From the Editor – Modification

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Related Articles

Fulton’s Aftermath – What Do Chapter 13 Practitioners Need To Know?

Escrow 102 – Part 1 of 4

From the Editor

Bankruptcy Conversion and Exemption Objection Deadlines

From the Editor – Lien Issues

Taggart v. Lorenzen: Supreme Court Stakes Out Middle Ground on Contempt Standard for Discharge Injunction Violations, Leaves Clues About Automatic Stay Violations

Trustee Cannot Require Debtor to Treat Nondischargeable Student Loan Debts in a Separate Class

Is 1328(i) Ultimately Terrible for Debtors?

Tax Tips for Taxpayers to Consider When Selling Their Home

Honorable Kevin R. Anderson, U.S. Bankruptcy Court District of Utah

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