From the Editor – Claims • NACTT Academy

From the Editor – Claims

By The Honorable William Houston Brown (Retired)

Administrative expense allowed to attorney for substantial contribution in Chapter 13 case. The district court affirmed allowance to a law firm for administrative expense under § 503(b)(3)(D) for its substantial contribution to a case by its successful objection to an exemption claim in annuities. The law firm had represented the Chapter 7 trustee prior to conversion of the case to Chapter 13 and had objected to the exemption in the Chapter 7 phase of the case. On conversion, the law firm was a creditor for unpaid fees . . .

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.

Ask Ms. Ps & Qs

Nancy B. Rapoport

February 18, 2024

This month, Prof. Rapoport looks at the question: What should happen when the Rule 2016 statement on compensation conflicts with the SOFA #16?

Members

From the Archives – Escrow 101 and 102

Michael J. McCormick, Esq.

April 7, 2024

In the fall of 2021, Michael McCormick provided subscribers with an EXCELLENT, expository, seven-part outline on mortgage escrow. This information is still relevant today.

Members

2022 Bankruptcy Procedure Year in Review: Revised Statute and Rules and Selected Cases – Part 1 Amended Statute and Rules Amendments Not Related to SBRA

Lawrence R. Ahern, III

November 6, 2022

Introduction This year sees changes in the Code and numerous new and amended Rules of BankruptcyProcedure that are to be effective December 1. The statutory amendments and the changes in therules that do not relate to cases under subchapter V of Chapter 11 are summarized below. They will be followed, by a digest of other new and amended rule and...

Members

Just the Facts, Ma’am – Consolidated Appropriations Act, December 27, 2020

January 10, 2021

By The Honorable William Houston Brown (Retired) This legislation includes several bankruptcy-related provisions, in addition to government funding and other COVID relief. Consumer bankruptcy issues are addressed in Title X of the Act, section 1001, which amends Bankruptcy Code § 541(b)’s exclusions from property of the estate, adding subsection 11 for certain coronavirus relief, defined as “recovery rebates made under...

Members

On More Effective Writing

Erik P. Kimball

January 9, 2022

(Used with permission. First published in the Southern District of Florida Courthouse Beacon, December 2021) Imagine this is an article entitled Wiley Champion, Esq. Instructs How To Win Your Case Every Time. Enticing for sure. You start reading. The opening paragraph needlessly re-states the title, needlessly names the author, who is already mentioned in the title, and then defines the...

Members

Of Grace Periods and Mortgage Payments

Cathy Moran

January 23, 2022

The no man's land between the mortgage due date and late payment is a persistent trouble spot for Chapter 13 practitioners. Are there arrears when the case is filed during the grace period and the payment made before it was late? In Borre, Judge Ronald Sargis of ED CA said no. He held that the payment was not in default...

Members

Are 401(k) Contributions Disposable Income or Not?

Cathy Moran

May 21, 2023

For a system that is supposed to rehabilitate personal finances and set debtors back on their feet, Chapter 13 nationwide is schizophrenic about on- going retirement savings, divided about whether post petition contributions to retirement accounts preclude confirmation of a Chapter 13 plan. Too many courts, in my opinion, come down barring voluntary provisions for old age for the 5...

Members

Legal Aid and Who Are Our Chapter 13 “Customers”

January 31, 2021

By Rachel Jones, Staff Attorney to Chapter 13 Standing Trustee Chris Micale, Western District of Virginia (Roanoke) The events of 2020 have had a devastating impact on the very low-income population. The working poor are struggling, particularly those working in sectors such as hospitality and tourism. State and Federal funding and local programs such as food banks and community action...

No Room for Error? Determining Whether Your “Secured” Creditor Has a Fatally Deficient UCC-1

March 22, 2020

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN) Click here for Part I Click here for Part II Part III - Description of Collateral Introduction The . . . It looks like you are not signed in or registered! This content is only available to members. Join Now Or Sign In Below: Username or E-mail:

Members

Federal District Court Affirms Decision that Residential Loan Modification Does Not Alter Lien Priority in Pennsylvania

March 15, 2020

By Scott Waterman, Standing Chapter 13 Trustee Eastern District of Pennsylvania (Reading) Citing Pennsylvania law, a Federal District Court in In re Hamilton (Hamilton v. Pennsylvania Housing Finance Agency), ___ B.R. ____ (E.D. Pa. 2020) refused to apply the equitable subordination doctrine to reorder the priority of mortgages after the first mortgage lender granted the debtors a loan modification prior...

Members