Critical Case Comments

By Henry E. Hildebrand, III, Chapter 13 Trustee for the Middle District of Tennessee

In re Breit, 213 WL 1810745 (Bankr. N.D. Ind. March 27, 2013) (Dees)

In order to properly submit a mortgage pre-petition arrearage claim, the claim may include taxes and insurance advanced by the mortgagee, unpaid principal and interest due as of the petition date, unpaid fees, costs and attorney’s fees, and the amount that should have been in the escrow account to fund future taxes and insurance.

Case Summary

The Breits filed a Chapter 13 petition in an effort to cure . . .

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Beyond Professional Ethics

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By Merideth Akers, CPA, PHR, Comptroller forBradford W. Caraway (Birmingham, AL) I am a Certified Public Accountant (CPA) and a Professional in Human Resources (PHR). I suspect that many who read this article are Licensed Attorneys. Others may hold a certification from other professions. These entities have their own rules of professional ethics and conduct that govern what we are...

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While we have not yet been able to find an online/media report, the Academy has received a credible report of a current debtor being scammed.

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By Cathy Moran, Esq. (Redwood City, CA) It started as a means test question: could emergency medical expenses be deemed non consumer debt. It ended up as a step back to get the bigger picture. Well-seasoned bankruptcy counsel brought the fact pattern to a list serve of colleagues. The prospective debtors’ income in a small consulting corporation is declining, his...

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By Henry E. Hildebrand, III, Chapter 13 Trustee (Nashville, TN) Other than a recluse without any information of current events, we have been made fully aware of the fact that Congress was fashioning a second stimulus/COVID relief bill. The result is the Consolidated Appropriations Act, 2021; a massive bill with more than 5,300 pages governing a huge expanse of appropriations,...

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Stephen F. Relyea, Todd Rich

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Means Test Webinar

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From Page 4 of Memorandum and Order “Because Kakol’s representation of Debtor in this case fell drastically below the standard for acceptable representation of individual debtors in chapter 13 cases as discussed in greater detail below, he and the Kakol Firm will be sanctioned as follows: (1) they will be required to disgorge any and all fees paid in connection...

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