In re Launderville, No. 11-61117-13, 2012 WL 78713 (Bankr. D. Mont. Jan. 11, 2012) (Kirscher)

Oversecured creditor is entitled to reasonable fees but not to compensation for meritless objections to confirmation. Secured proof of claim was never challenged, and creditor was never required to engage counsel to defend its status.

No Author Biography has been linked to this Article.

Related Articles

Heitkamp
December 17, 2023
At the end of this calendar year, after 44 years, the Southern District of Texas and the bankruptcy community will lose one of our standard bearers. William E. Heitkamp, “Bill” was appointed Chapter 13 Trustee in 1979. His appointment came shortly after the Bankruptcy Reform Act of 1978 became law.
Members
Academy Circle Logo Final
December 10, 2023
Congratulations to all but specifically the two bankruptcy courts with recognized recipients!
Copy of Hildebrand-2016
November 13, 2022
Chapter 13 debtor must demonstrate extraordinary circumstances to justify the extraordinary relief of setting aside or “reconsidering” an order dismissing a Chapter 13 case. (Cary) In re Canas, 2022 WL 10707000 (Bankr. D. Ma. October 18, 2022) Case Summary Nelson and Annemarie Canas filed a Chapter 13 petition in August of 2019. The debtors immediately fell behind on their proposed...
Members
August 15, 2021
By Nancy B. Rapoport, Garman Turner Gordon Professor of Law, Boyd School of Law, and Affiliate Professor of Business Law & Ethics, Lee Business School, William S. Boyd School of Law, University of Nevada, Las Vegas Dear Readers: My guardian angel, Regina Logsdon has asked a great question:what should you do when your “Spidey sense” tells you that your client...
Members
January 24, 2021
By Kara K. Gendron, Esquire, Mott & Gendron Law (Harrisburg, PA) The recent Supreme Court decision in City of Chicago v. Fulton1 will change the law in most Circuits. Prior to this case, there was a split among the circuits as to whether the post-petition retention of property taken pre-petition constitutes a violation of the automatic stay under §362(a)(3) of...
Members
Academy Circle Logo Final
Recently, the Emeritus Trustees (“ETC”) commented on “How to Manage Incompetent, Unprepared, and Negligent Bankruptcy Counsel”. We now turn to ETC to share their collective wisdom when addressing the issues raised by incompetent, unprepared and unreasonable creditor counsel. CREDITOR ATTORNEY REPRESENTATION ISSUES Several ETC Trustees list the following as problematical during their tenure. Attorney claims lack of authority from creditor...
Members
June 21, 2020
By Academy Staff The Automatic Stay is one of the most fundamental aspects of the Bankruptcy Code, providing a Chapter 7 Trustee “breathing room” to investigate Debtor’s financial affairs; and providing Debtors in Chapter 13 time to formulate and confirm a Chapter 13 Plan without facing the imminent loss of assets. Equally important, most Courts have concluded that actions in...
Members
August 15, 2021
By Karin N. Amyx, Staff Attorney to Chapter 13 Trustee Carl Davis (Wichita, KS) Trustees possess a variety of sensitive information that could be useful to litigants in contract disputes, divorce and child custody matters, insurance litigation or criminal prosecution. Additionally, debtors, creditors or third parties may be interested in the trustee’s internal operating procedures or legal position on disputes...
Members
Miller_Deb_pp
November 12, 2023
Just a few more weeks ‘til principal and interest gotta be listed separately on a POC.
Members
QueneshiaFleming
October 29, 2023
I am delighted to be in the inaugural class of the Tom Vaughn Memorial Internship Program for Sylvia Ford Brown, Chapter 13 Standing Trustee for the Western District of Tennessee in Memphis. I truly feel that this internship has been invaluable to the furtherance of my career and the expansion of my knowledge of bankruptcy.  I. A Little About Me...

Looking to Become a Member?

ConsiderChapter13.org offers a forum to advance continuing education of consumer bankruptcy via access to insightful articles, informative webinars, and the latest industry news. Join now to benefit from expert resources and stay informed.

Webinars

These informative sessions are led by industry experts and cover a range of consumer bankruptcy topics.

Member Articles

Written by industry experts, these articles provide in-depth analysis and practical guidance on consumer bankruptcy topics.

Industry News

The Academy is the go-to source for the latest news and analysis in the Chapter 13 bankruptcy industry.

To get started, please let us know which of these best fits your current position: