From the Editor’s Desk – Plan Confirmation • NACTT Academy

From the Editor’s Desk – Plan Confirmation

By The Honorable William Houston Brown (Retired)

Separate classification of municipal court fines. In two cases in which below-median debtors had proposed to separately classify and pay in full municipal court fines, while paying other unsecured creditors nothing, the court held that the separate classification was unfairly discriminatory. Assuming that the justification was in part due to potential incarceration for nonpayment of the fines, and noting that § 523(a)(7) debts are not exceptions from Chapter 13 discharge, the court held that the potential for incarceration was not enough to justify the discriminatory treatment. The . . .

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By William Houston Brown, Editor/Adviser, Academy for Consumer Bankruptcy Education On December 18, 2019, the Supreme Court granted the City of Chicago’s petition for certiorari, 2019 WL 6880702, from the decision of the Seventh Circuit at 926 F.3d 916 (7th Cir. June 19, 2019). The Seventh Circuit’s decision was analyzed in a prior article on this website. In its decision,...

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From the Editor

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By Wm. Houston Brown, United States Bankruptcy Judge (Retired) Debtor’s Attorney - Chapter 13 debtors not required to seek approval to employ special counsel. The Chapter 13 debtors moved to employ special counsel for representation in state-court litigation, but § 327(e) did not apply to Chapter 13 debtors when no request was being made to pay the special counsel from...

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