The NACTT Academy offers a comprehensive community for bankruptcy professionals seeking to advance their education in consumer bankruptcy.
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 – Avoidance Actions
Print This Article
Link to Post:
By The Honorable William Houston Brown (Retired)
Chapter 13 debtor had standing for avoidance of attorney’s lien on homestead. Applying § 522(h), the debtor had standing to use § 545(2) to avoid an attorney’s statutory lien against the homestead property. The attorney had represented the debtor in prebankruptcy divorce, and no objection had been filed to an exemption claim on the homestead under § 522(d)(1). Section 522(h) includes potential use of § 545, when the lien transfer was not voluntary and the trustee did not attempt avoidance. McCarthy v. Brevik Law (In . . .
It looks like you are not signed in or registered! This content is only available to members.
Or Sign In Below:
Related Articles
From the Editor
From the Editor – Attorney Sanctioned
Navigating Secured Creditors Who File Unsecured Chapter 13 Claims
Critical Case Comment – Present Tense in § 544(b)
Impact of the Repeal of Cares Act Chapter 13 Plan Modifications: Is It a Death Knell for Cases Beyond 60 Months?
Keep Calm and Carry On – Observations Regarding CBRA
Rebecca Rogers Garcia
Practice Tips from Hon. Meredith Jury (Ret.)
Critical Case Comment
From the Editor