Don’t Skimp on Service When Your Client’s House Is on the Line

By Cathy Moran, Esq., Moran Law Group (Mountain View, CA)

Is the Chapter 13 trustee jeopardizing the benefits to my client of Rule 3002.1 by sloppy service? Unwilling to expend more than a single postage stamp to effect notice? Just going through the motions?

The short answer is: I don’t know yet.

The issue stood out when, for reasons that are yet inexplicable, the trustee and my office each filed a . . .

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From the Editor

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By The Honorable William Houston Brown (Retired) Debtors’ attorney fees not authorized under Equal Access to Justice Act (EAJA). Although the Chapter 13 debtors had prevailed before the Ninth Circuit, In re Sisk, 962 F.3d 1133 (9th Cir. 2020), their application for attorney fees as prevailing parties under EAJA was denied. That Act did not authorize awards of attorney fees...

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