Undulations In Unbundling – Is A Ripple Running Through The Rocks Of Resistance In Bankruptcy Courts? Part II

(Reprinted with  permission.  Cite as 2013 No. 6 Norton Bankruptcy L. Adviser NL 1.)
By Judge Thomas F. Waldron (Retired)

 Differences Over A Decade

Egwim was reported in 2003 and there have been many significant differences impacting Unbundling and bankruptcy in the last ten years. The ABA Model Rule 1.2  Egwim appropriately applied1 has changed.2 Perhaps, more significantly, major provisions of the governing bankruptcy legislation were changed in the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA), § 1003, 119 . . .

It looks like you are not signed in or registered! This content is only available to members.

Or Sign In Below:

No Author Biography has been linked to this Article.

Related Articles

ahern_larry_regular
May 15, 2022
Background - In re Taggart In 2019, the Supreme Court rendered its opinion in In re Taggart,1 which was the subject of earlier analyses: (1) Is a Finding of Contempt Precluded by a "Good Faith" but Unreasonable Belief that an Action Does Not Violate the Discharge Injunction?; (2) Looking Beyond . . . It looks like you are not signed...
Members
McCormick2
August 13, 2023
In the fall of 2021, Michael McCormick provided subscribers with an EXCELLENT, expository, seven-part outline on mortgage escrow.   This information is just as relevant today as when we first published it with one important update . . . When the next escrow analysis is performed and the servicer has received less than 12 payments of escrow (and often zero, as is often the case after the borrower received a forbearance during the COVID pandemic), the escrow balance will be far less than anticipated!!
Members
Copy of Hildebrand-2016
January 16, 2022
While a 13 trustee is partially insulated by the Barton doctrine from being dragged into state court, if a movant seeks authority from the Bankruptcy Court to pursue the trustee and satisfies the conditions of the Barton doctrine, the trustee may be subject to state court judicial proceedings. (Hall) In re Alexander Louis Bednar, 2021 WL 1625399 (Bankr. W.D. Okla....
Members
Academy Circle Logo Final
August 7, 2022
William F. Jaworski, Jr. - Bill - was appointed Chapter 13 Standing Trustee for the District of Delaware on April 1, 2022. Jaworski has very large shoes to fill as he is taking over for Michael Joseph upon his well-deserved retirement. Jaworski was born and raised in Buffalo, New York. As a hometown boy, he didn’t venture too far away...
Members
Hale-Andrew-Antico
September 25, 2022
Sahni v. Tajima (In re Tajima) 2022 WL 3354006 (9th Cir. BAP Aug 15, 2022)(unpublished) S.Klein J ISSUE Did the Bankruptcy Court err when confirming Chapter 13 plan? RULING Yes. FACTS This case involves the tension of litigation in bankruptcy causing delay, and the need to get a Chapter 13 plan confirmed quickly. Here, there was a dispute between debtors...
Members
Copy of Hildebrand-2016
December 11, 2022
A Chapter 13 plan can be confirmed to pay a 100% dividend to unsecured creditors while maintaining payments to a student loan creditor as a long-term debt (which will not satisfy the student loan in the commitment period) without committing all available disposable income. (Mullin) In re Victoria Florita Durand-Day, 2022 WL 14938726 (Bankr. N.D. Tex. October 26, 2022) Case...
Members
April 14, 2019
By John Andreasen and Patrick Lombardi, Law Students at the University of Illinois College of Law and Duberstein Moot Court Team Members Both consumers and businesses often depend on motor vehicles for their livelihood or, for consumers, access to health care, child care, or other essential services. A creditor’s repossession of a motor vehicle can turn into an existential crisis...
Members
moran_cathy
February 11, 2024
Communications Practice Pointer! Convincing clients that all of their debts must be included in bankruptcy is one of the hardest parts of being a bankruptcy lawyer. Communicating clearly with our clients, in their language, is a key part of our job. The struggle often seems Herculean.
Members
March 21, 2021
By The Honorable William Houston Brown (Retired) For modification purposes, best interests test remains at petition date. In an examination of post-confirmation sale of the debtor’s home that yielded excess of homestead exemption, the Court concluded that the best-interests of creditors’ calculation was performed as of the petition date, rather than time of modification. Section 1329 does not provide a...
Members
September 26, 2021
By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN) "Equity is not an old man, with a long grey beard, sitting under a tree. Equity has rules."1 Introduction Section 105 When enacted in 1978, the Bankruptcy Code in section 105 included an "all writs" statute for the Bankruptcy Courts: The court may issue any order, process, or judgment that...
Members

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: