Ethics And Unbundling: Attorneys Agree With Clients About Unbundling Bankruptcy Services; But, Do Courts Agree With Attorneys About Unbundling Bankruptcy Services?

Part 2 – State Rules of Professional Conduct and Applicable Bankruptcy Law

Tom Waldron, a former bankruptcy judge and current Advisor to the NACTT Academy, lives in Tucson, AZ.Tom.Waldron@ConsiderChapter13.org.

As the initial article is this series noted:

Unbundling legal services in connection with bankruptcy proceedings is a complex issue specifically implicating autonomous state rules of professional responsibility governing the practice of attorneys in their states and independent federal bankruptcy courts, sitting in those states, governing the practice of attorneys in their courts . . .

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Critical Case Comment – Bad Faith to Not Pay Both Tests?

Henry E. Hildebrand, III

February 27, 2022

Chapter 13 debtor is not obligated to pay both the disposable income pool and the best interest of creditors test pool to achieve confirmation, only the larger of the two; it is not a manifestation of bad faith that the debtor does not pay both the disposable income pool and the best interest of creditors test amounts. (Altenberger) In re...

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What Is Dicta? Is It Binding or Not?

M. Jonathan Hayes

March 23, 2025

. . . “9th Circuit apparently has a rule that ‘well-reasoned dicta’ is binding on 9th Circuit federal courts and all litigants in the circuit.” Who knew??

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Tax Time Guide: Contribute to an IRA by April 15 to claim it on 2018 tax returns

March 24, 2019

3/19/19 IRS reminded taxpayers that it’s not too late to contribute to an Individual Retirement Arrangement (IRA) and still claim it on a 2018 tax return. Anyone with a traditional IRA may be eligible for a tax credit or deduction on their 2018 tax return if they make contributions by April 15, 2019. This news release is part of a...

Critical Case Comment – Prime vs. Riskless Treasury Rate

Henry E. Hildebrand, III

May 28, 2023

In determining the appropriate “present value” factor to be added to the payment of a secured claim in a Chapter 12, the Court should look at the “riskless” treasury rate rather than the “prime rate” before enhancing it with a risk factor. (Ebinger) Farm Credit Services of America v. Topp, 2022 WL 2981590 (S.D. Iowa, July 19, 2022) Case Summary...

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Critical Case Comment – Present Value and Attorney’s Fees

October 3, 2021

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN) Administrative fees and claims existing when Chapter 13 plan was confirmed would reduce the amounts received by unsecured creditors in a Chapter 7 under the “best interests of creditors test;” unsecured creditors, expected to receive payments over three years, must be paid the “present value” of that stream of...

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What Are You Waiting For? The Bankruptcy Filing Timeline

Cathy Moran

June 7, 2026

More than just a question. Once again Cathy offers new and seasoned attorneys a “gotta keep this one” resource on statutes that refer to numbers of days.

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When (or Not) Is the Best Interests of Creditors Test Applicable in a Modified Plan?

August 22, 2021

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN) While the best interests of creditors test is applicable upon modification of a Chapter 13 plan, post-petition acquired property of the estate is not included in such analysis in that such property would not be property of a Chapter 7 estate. (Somers) In re Taylor, 2021 WL 3118824 (Bankr....

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Practice Tips from Hon. Meredith Jury (Ret.)

October 17, 2021

(Published with the consent of the Central District Consumer Bankruptcy Attorneys Assn Newsletter, October 2021) By M. Jonathan Hayes, Resnik Hayes Moradi LLP (Encino, CA) Question from old bankruptcy lawyer: Judge Jury, chapters 13s are such a huge amount of work. Do you have any pointers on avoiding common mistakes? Response from Judge Jury: Of course! I will focus on...

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TMI: Too Much Information

Marie-Ann Greenberg

August 6, 2023

Practice Point: Just because it is an unsecured claim does not mean that it should be ignored. Review all claims for inappropriate violations and disclosure of personal identifiers! Keep track of serial violators for possible use in future requests for contempt and sanctions. With all of the emphasis these days on transparency and the requirement for more and more information...

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Right Issue, Wrong Motion

Henry E. Hildebrand, III

March 1, 2026

Property inherited by a Chapter 13 debtor more than 180 days after the filing of the petition is property of the estate under § 1306 and may be considered in properly filed motion to modify as a method to fund increased plan payments.

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Ethics And Unbundling: Attorneys Agree With Clients About Unbundling Bankruptcy Services; But, Do Courts Agree With Attorneys About Unbundling Bankruptcy Services?

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Related Articles

Critical Case Comment – Bad Faith to Not Pay Both Tests?

What Is Dicta? Is It Binding or Not?

Tax Time Guide: Contribute to an IRA by April 15 to claim it on 2018 tax returns

Critical Case Comment – Prime vs. Riskless Treasury Rate

Critical Case Comment – Present Value and Attorney’s Fees

What Are You Waiting For? The Bankruptcy Filing Timeline

When (or Not) Is the Best Interests of Creditors Test Applicable in a Modified Plan?

Practice Tips from Hon. Meredith Jury (Ret.)

TMI: Too Much Information

Right Issue, Wrong Motion

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