From the Editor’s Desk – Attorney Actions

By The Honorable William Houston Brown (Retired)

Attorney violated debt-relief and certification requirements. Chapter 7 debtor’s attorney violated § 526(a)(2) debt-relief agency provision by advising the debtor to omit from schedules a $3,000 prepeitition payment to her mother, and violated § 707(b)(4)(C) and (D)’s certification requirements, by failing to schedule horses owned by the debtor. Disgorgement of $1,411 fees was affirmed. Bisges v. U.S. Trustee (In re Clink), 770 F.3d 719 (8th Cir. 2014).

________________________________

The Honorable William Houston Brown retired in 2006 . . .

It looks like you are not signed in or registered! This content is only available to members.

Or Sign In Below:

No Author Biography has been linked to this Article.

Related Articles

August 2, 2020
By Chris Hawkins, Bradley Arant Boult Cummings LLP (Birmingham, AL) The United States Court of Appeals for the Eleventh Circuit recently issued an opinion that may have far-reaching procedural implications for debtors and trustees in Chapter 13 cases. In Microf LLC v. Cumbess, the court articulated multiple canons of statutory interpretation in holding that a chapter 13 debtor’s proposal to...
Members
Copy of Hildebrand-2016
February 26, 2023
In examining the effect of vesting of property of the estate at confirmation of a Chapter 13 plan, bankruptcy court examines the impact of five different theories on how post-confirmation property is to be treated, settling on the “Estate Replenishment Theory,” but does not decide if the debtors can receive the proceeds. (Fenimore) In re Marsh, 2023 WL 215263 (Bankr....
Members
Danielle headshot (2)
January 30, 2022
Gambling is inherently risky, but that rings even more true when a bankruptcy is involved. Section 727(a)(5) allows for denial of discharge if “the debtor has failed to explain satisfactorily, …. any loss of assets or deficiency of assets to meet the debtor’s liabilities.” 11 U.S.C. §727(a)(5). Recently, Bankruptcy Judge Timothy A. Barnes in Chicago wrote an opinion in which...
Members
memorialday
May 28, 2023
Memorial Day 2023 Honoring the Sacrifices of All Who Served
March 24, 2019
By Wm. Houston Brown, United States Bankruptcy Judge (Retired) Discharge - Paying more than original loan balance would be undue hardship. The 59-year old debtor employed in aging and disability services couldn’t maintain a minimal living standard without discharge of substantial portion of student loan debt. The Court identified factors included in “minimal standards” in modern American society and found...
Members
lopezcastro
June 4, 2023
Honorable Corali Lopez-Castro Appointed Miami’s Newest Bankruptcy Judge
January 20, 2019
On October 1, 2018, Dynele L. Schinker-Kuharich was appointed as a Chapter 13 Standing Trustee for the Northern District of Ohio. She maintains her offices in Canton. Ms. Schinker-Kuharich replaces retiring Toby Rosen who served in this position for 30 years. Prior to her appointment as a Standing Chapter 13, Schinker-Kuharich was on the panel of Chapter 7 Trustees for...
Members
M Joseph Photo 2-1-22
February 6, 2022
Bankruptcy Code Section 521(e)(2)(A)(i) and (ii) provides that a debtor must supply tax returns to the trustee in a chapter 7 or 13 case, and to a creditor who timely requests such copy. Must the debtor provide copies that contain personal identifying information such as names, addresses and social security numbers of dependents including minor children? Or a redacted version...
Members
Danielle headshot (2)
December 3, 2023
Attorney Gueck-Townsend provides readers with a primer on evidence needed to prove losses.
Members
Copy of Hildebrand-2016
December 3, 2023
Debtor’s counsel should not be compensated for work undertaken on behalf of a debtor in order to correct errors.
Members

Looking to Become a Member?

ConsiderChapter13.org offers a forum to advance continuing education of consumer bankruptcy via access to insightful articles, informative webinars, and the latest industry news. Join now to benefit from expert resources and stay informed.

Webinars

These informative sessions are led by industry experts and cover a range of consumer bankruptcy topics.

Member Articles

Written by industry experts, these articles provide in-depth analysis and practical guidance on consumer bankruptcy topics.

Industry News

The Academy is the go-to source for the latest news and analysis in the Chapter 13 bankruptcy industry.

To get started, please let us know which of these best fits your current position: