From the Editor’s Desk – Avoidance Actions

By The Honorable William Houston Brown (Retired)

Trustee may avoid entire charitable contribution, if it exceeds 15% of gross annual income. Under the Religious Liberty and Charitable Donation Protection Act’s safe harbor of 15% of gross annual income (GAI), charitable contributions are protected from § 548 avoidance, but The Tenth Circuit found the language of § 548(a)(2) to be plain--“[w]ithout language limiting the word ‘transfer’ to that portion of the transfer exceeding 15%, the entire transfer is avoidable.” The statute was also not absurd; “The statute establishes a bright-line rule—donations not . . .

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Is Voluntary Dismissal of a Chapter 13 Case an Absolute Right?

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By Daryl J. Smith, Senior Staff Attorney to Sylvia Ford Brown, Chapter 13 Trustee (Memphis, TN) and Katherine L. Rea, Staff Attorney to Pamela Simmons-Beasley, Chapter 13 Trustee (Columbia, SC) Is there ever a reason to oppose a voluntary dismissal of a chapter 13 that has not been converted from a chapter 7? Maybe. But will you be successful? Probably...

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Lawrence R. Ahern, III

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Critical Case Comment

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By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of TN (Nashville) In awarding attorneys’ fees in a Chapter 13 case, a court is not limited to establishing the fee by use of the lodestar method; fees for services rendered should be based on the reasonable and customary fees charged by other attorneys performing the same...

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Michael B. Joseph

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Bankruptcy Code Section 521(e)(2)(A)(i) and (ii) provides that a debtor must supply tax returns to the trustee in a chapter 7 or 13 case, and to a creditor who timely requests such copy. Must the debtor provide copies that contain personal identifying information such as names, addresses and social security numbers of dependents including minor children? Or a redacted version...

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Notice of Error Regarding Misinformation Given During Phone Call to Mortgage Servicer

The Academy

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There is no special language/verbiage. Keep is simple. Stick to one issue per NOE. Pertinent loan/debtor information – “name, rank, and serial number” Called bank twice. Tried to get borrower reviewed for FHA Recovery Mod. Both times I was essentially told that the loan was “too many months delinquent” to be reviewed for FHA Recovery Mod. I was also told...

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(Reprinted with permission. Bankruptcy Court Liaison Committee Newsletter – Spring 2023 (Northern District of Illinois)) During her tenure as a bankruptcy judge for nearly 24 years, Judge Carol A. Doyle has presided over countless chapter 7, 11, and 13 cases, leaving a lasting impact on the Chicago bankruptcy landscape. She has been a dedicated and respected member of the bankruptcy...

From the Editor – Lien Modification

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Is 1328(i) Ultimately Terrible for Debtors?

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