In re Torres, No. 09-09187(ESL), 2012 WL 78206 (Bankr. D.P.R. Jan. 10, 2012) (Lamoutte)

Creditor must file application for postpetition fees and expenses under § 506(b) and Bankruptcy Rule 2016 to give debtor and trustee opportunity to oppose. Section 1322(e) requires determination of prepetition fees and expenses in accordance with underlying contract and applicable state law, but postpetition fees and expenses incurred by mortgage lender are governed by general reasonableness standard of § 506(b) and Bankruptcy Rule 2016.

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The Gambling Debtor – What is a Chapter 13 Trustee to Do?

Stacey A. O’Stafy

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Gambling was one of the earliest forms of entertainment, likely pre-dating recorded human history and before man invented minted currency. . . . gambling alone is not evidence of bad faith! Another article on this topic: If You’re Gonna Bet the Farm, Maybe Play Against the House

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The NACTT Emeritus Trustees

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Many have had the unpleasant experience of coping with an ill-mannered and disrespectful opposing counsel. Unnecessary motions are filed and unfounded allegations are asserted. Relief requested has no basis in fact or law. Temperatures rise. The volume of argument is loud. Your staff and you are upset. What to do?We asked the Emeritus Trustees and here are some recommendations: First,...

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By Craig Shopneck, Chapter 13 Standing Trustee for the Northern District of Ohio Retired It was many months ago when Mike Joseph asked, if, as a retired trustee, would I be interested in writing an article for the NACTT Academy. This may seem like a rather straightforward task but before putting pen to paper I needed time to reflect not...

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Henry E. Hildebrand, III

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Punitive damages can be awarded for a violation of Rule 3002.1 even where there are no compensatory damages, other than attorney’s fees.

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Courts are Expanding the Protections of Bankruptcy Rule 3002.1

Debbie Langehennig, Cameron Kelly

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As a prerequisite to a claim’s payment, Rule 3002.1 requires certain secured creditors to provide to the trustee and the debtor notice of the full value of the secured creditor’s claim, including any “fees, expenses, and charges” related to the claim. Two bankruptcy courts have demonstrated a willingness to expand the reach of Rule 3002.1’s noticing requirements. These courts generally...

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By Henry E. Hildebrand, III, Chapter 13 Trustee, Middle District of TN (Nashville) Chapter 13 trustee is not compelled to return the percentage fee taken from a Chapter 13 case when the case is dismissed prior to confirmation. Harmon v. McCallister, 2021 WL 3087744 (9th Cir. BAP July 20, 2021) (Gan) Case Summary Douglas and Christine Harmon filed a Chapter...

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Creditors may now be subject to more preference actions, especially for those cases filed in Indiana. The Seventh Circuit recently overturned long-standing precedent that the preference period on garnishment of attachment would no longer run from the date of service or knowledge of the attachment but when the funds were paid over. The Seventh Circuit Court of Appeals in Mark...

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By Helen M. Morris, Chapter 13 Standing Trustee for the Northern and Southern Districts of West Virginia It really takes so little to make a Chapter 13 Trustee happy—debtor’s counsel using calculators when they draft a plan ($100 for 36 months is NOT $4,936.87 no matter how many times it is repeated); saying “the Trustee is right” distinctly in open...

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