Bankruptcy Ethics: Attorneys, Deceptive Documents And Bankruptcy – A Series Of Articles

Preclusion Issues: Bankruptcy Court Determinationsand State Court Consequences

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

A body of law has developed which establishes that a bankruptcy court determination will often have preclusive effect in a subsequent consideration of the same facts and circumstances in connection with a state court attorney discipline proceeding. This case law continues to appear in significant published decisions and should be considered as a factor in any . . .

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Supreme Court Corner – No Lien Stripping in Chapter 7

M. Jonathan Hayes

March 1, 2026

Attorney Hayes is back again this week to discuss when a chapter 7 debtor can strip down or strip off a consensual lien?

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From the Editor – Claims

October 20, 2019

By The Honorable William Houston Brown (Retired) Objection sustained to one-year late proof of claim. The mortgage creditor did not object to confirmation nor file a proof of claim until one year after the bar date in the Chapter 13 case. The trustee objected to the claim, which asserted a higher arrearage than provided for in the confirmed plan. Section...

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The Cost of Proposing Zero

Michael J. McCormick, Esq.

January 18, 2026

Objections matter. Court rejected proposed 0% interest, finding it bad faith and ordering the debtor to pay servicer 5.1666% instead.

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Think a Chapter 13 Trustee Conference Isn’t for You? Think Again.

Jason Wilson-Aguilar

November 23, 2025

What if the conference you thought wasn’t meant for you turned out to be the one that could transform your practice? The NACTT conference may be the most valuable three days of your year!

A Fireside Chat with…Dr. ChatGPT – Products Available

Jan Hamilton

March 15, 2026

Emeritus Trustee Jan Hamilton has embarked on an exploration of AI as it relates to legal research and uses in an attorney’s office. Here is his ‘conversation’ regarding the various products available to attorneys and how they may – or may not – help you.

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Tell the Story

May 16, 2021

By Cathy Moran, Esq., (Redwood City, CA) Have I got a story for you. A rousing tale of schedules, hearings, frustrations, and ultimately fortunes, traceable to a good story in the fee application. Maybe that's a bit overblown, but I'm telling this story with a purpose. Good stories lead to fair compensation for bankruptcy attorneys. Fee applications aren't hard Filing...

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Discrimination Denied

Henry E. Hildebrand, III

April 20, 2025

Chapter 13 debtor proposing a plan that maintains payments and cures defaults on a long-term student loan debt bears the burden of proving that the classification is not discriminatory and does not violate § 1322(b)(10).

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From the Editor – Discharge Injunction

March 14, 2021

By The Honorable William Houston Brown (Retired) Section 524(i) applies only to long-term debts not discharged through plan. Whether § 524(i) applied to short-term secured debts that are paid in full and discharged through a Chapter 13 plan was a matter of first impression, with the Court finding no other court had yet decided precise question. Factors used in Supreme...

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Here’s What Taxpayers Should Consider When Determining If They Need to File

February 3, 2019

As people prepare to file their taxes, there are things to consider. They will want to determine if they need to file and the best way to do so. For tax year 2018, all individual taxpayers will file using the new Form 1040. Forms 1040A and 1040EZ are no longer available. Taxpayers who previously filed these forms will now file...

Sanctions in South Carolina

Ashley Baxter Curry

December 12, 2021

In a recent case out of South Carolina, rather than a debtor seeking sanctions against a creditor, it was the creditor’s counsel who sought sanctions against counsel for a Chapter 13 debtor in an adversary proceeding. Ruling on a Motion for Sanctions in James Defoe v. Winyah Surgical Specialists, P.A. doing business as Winyah Surgical Specialists (In re Defoe), 632...

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Bankruptcy Ethics: Attorneys, Deceptive Documents And Bankruptcy – A Series Of Articles

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Related Articles

Supreme Court Corner – No Lien Stripping in Chapter 7

From the Editor – Claims

The Cost of Proposing Zero

Think a Chapter 13 Trustee Conference Isn’t for You? Think Again.

A Fireside Chat with…Dr. ChatGPT – Products Available

Tell the Story

Discrimination Denied

From the Editor – Discharge Injunction

Here’s What Taxpayers Should Consider When Determining If They Need to File

Sanctions in South Carolina

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