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.
These informative sessions are led by industry experts and cover a range of consumer bankruptcy topics.
Written by industry experts, these articles provide in-depth analysis and practical guidance on consumer bankruptcy topics.
The Academy is the go-to source for the latest news and analysis in the Chapter 13 bankruptcy industry.
From the Editor’s Desk – Jurisdiction and Authority of Bankruptcy Court
Print This Article
Link to Post:
By The Honorable William Houston Brown (Retired)
Bankruptcy court had constitutional authority to determine fees but lacked authority to enter final judgment on debtor’s counterclaim under Deceptive Trade Practices Act. In ruling on fees for attorneys representing the Chapter 13 debtor (the attorneys recovered on a suit for the debtor in sufficient amount to pay all claims in full but the debtor objected to their fee applications), the bankruptcy court necessarily determined the debtor’s counterclaim for malpractice, and the bankruptcy court had constitutional authority to make factual determinations under the debtor’s Deceptive Trade . . .
It looks like you are not signed in or registered! This content is only available to members.
Or sign in below:
Related Articles
Rule 60(b) Does Not Recognize ‘I Forgot’
NDC Small Sponsorship Program
Evidentiary Issues Arising from Attempts to Prove Alleged “Facts” Stated in The Monster Mash
Yet Another Reason Why the Means Test is “Broken”
Passing of Judge – District of New Mexico
Quick Confirmation – BAP Says Not So Fast
“Ecclesiastical Immunity”
No Free Car for a Lien Avoidance
Thoughts on Zealous Advocacy: When Do Bankruptcy Lawyers Cross the Line? Part 1 History of Zealous Advocacy
Certiorai Denied in Evans and Doll