From the Editor’s Desk – Attorney Actions • NACTT Academy

From the Editor’s Desk – Attorney Actions

By The Honorable William Houston Brown (Retired)

Postpetition divorce attorney did not properly disclose fees. The Chapter 13 debtor employed an attorney to represent him in a divorce action filed by his spouse postpetition, and the debtor informed the attorney that he was in bankruptcy. The attorney was paid $7,150 retainer for the divorce representation, but the debtor later moved for disgorgement of those fees. The postpetition divorce was so intertwined with property of the estate issues that the attorney’s employment must be deemed to be “in connection with the case,” for purposes of . . .

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This article looks at Rule 12(b)(1) by presenting a three-question test synthesizing decades of Eleventh Circuit case law.

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From the Editor

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Critical Case Comment – Hell Hath No Fury, Until It Meets the S.D. of PA

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Bankruptcy lawyers regularly evaluate the dischargeability of taxes when deciding when to file a client’s bankruptcy case. At base, the 3 year rule, the 2 year rule, and the 240 day rule routinely drive timing of a bankruptcy. But as we approach the end of the tax year, a client’s current year tax situation becomes another moving part in the...

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Meet One of Our Newest Trustees

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Discharging Student Loans Under §523(a)(8)? Don’t Consolidate After Filing!

Scott Waterman, Josh Cohen

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If you intend to seek to discharge student loans under §523(a)(8), do not consolidate the loans after the case is filed. Prebankruptcy planning is most important if one wishes to discharge student loans. A recent Texas Chapter 7 case highlights the pitfalls if one does not act accordingly. Debtors obtained 27 separate student loans prior to when they filed their...

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In re Fulton: Seventh Circuit Affirms Its Position with Majority of Circuits on Passive Retention of Property as Violation of Sections 362 and 542

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By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN) Introduction In In re Fulton,1 the Seventh Circuit has restated its position on passive violation of the automatic stay, holding that failure by the City of Chicago to turn over impounded vehicles after the owners' bankruptcy filings violated Bankruptcy Code sections 362 and 542. Fulton – Background and Ruling The...

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Judicial Year in Review 2021: Revised Rules and Selected Cases – Part 1 Amended Rules

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By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN) Introduction This year's changes in the Rules of Bankruptcy Procedure are summarized below. They will be followed, in Part 2, by a digest of selected judicial decisions in the past year of interest for their procedural implications. December 1, 2021, Amendments to Bankruptcy Rules 2005, 3007, 7007.1 and 9036 On...

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Social Media Scams: Con Artists Target the Vulnerable

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