From the Editor – Attorneys and Fees

By The Honorable William Houston Brown (Retired)

Court had authority under Rule 9011. Bankruptcy court had inherent authority under Rule 9011 to sanction Chapter 13 debtor’s attorney, on finding that attorney violated Rule throughout case, including amendment of schedules and plan to treat postpetition alimony as prepetition debt, when attorney knew that debtor had failed to make postpetition DSO payments. Sanctions included suspension from practice in bankruptcy court for six months, $1,000 fine and CLE requirement, and these were affirmed. However, further sanction for attorney’s misrepresentation in testimony at the show cause hearing . . .

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Post-Petition Causes of Action, Inheritances and Windfalls Are Property of the Estate and Must Be Reported to the Trustee – Part 3 of 5

July 28, 2019

By John P. Gustafson, United States Bankruptcy Judge, Northern District of Ohio, Western Division Click here for Part 1 Click here for Part 2 C. What Post-Petition Assets Are Property . . . It looks like you are not signed in or registered! This content is only available to members. Join Now Or sign in below: Username or Email Password...

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Eleventh Circuit Adopts the Path of Leased Resistance in Chapter 13

August 2, 2020

By Chris Hawkins, Bradley Arant Boult Cummings LLP (Birmingham, AL) The United States Court of Appeals for the Eleventh Circuit recently issued an opinion that may have far-reaching procedural implications for debtors and trustees in Chapter 13 cases. In Microf LLC v. Cumbess, the court articulated multiple canons of statutory interpretation in holding that a chapter 13 debtor’s proposal to...

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In the Trenches: Secrets to Settlement – Competency in the Courtroom Part 2 of 3

June 16, 2019

By Jan Hamilton, Chapter 13 Trustee (Topeka, KS) Click here for Part 1 of 3 8. Early Preparation for Trial As suggested, the best way to settle a case is to be willing to try that case, which means you must prepare from the get go. That preparation begins a long time before the eve of trial, namely, at the...

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Supreme Court Revisits Finality of Orders in Bankruptcy: Comment on Ritzen and Review of “Finality”

February 9, 2020

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN) Introduction The Supreme Court unanimously held on January 14 that an order denying stay relief was final in Ritzen Group, Inc. v. Jackson Masonry, LLC.1 Thus, the creditor should have appealed the denial instead of waiting until later in the case to seek again to pursue its pre-bankruptcy litigation against...

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Unjust Enrichment from Spouse’s Defalcation Leads to a NondischargeableDebt

Leee Miyahira

February 16, 2025

Debtor’s spouse’s liability for damages resulting from wrongdoings may be nondischargeable debt of the debtor if debtor was unjustly enriched by spouse’s wrongdoing. In this very well written case synopsis, 3rd year law student Leee Miyahira looks at a unique case out of Hawaii.

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“Student Loan Bankruptcy Improvement Act of 2025”

The Academy

July 27, 2025

The text of H.R. 4444 is now available. This short, straight-forward bill seeks to remove the word “undue” from 11 USC 523(a)(8) thus changing the standard by which student loans may be considered for discharge.

Escrow 101 – Part 2 of 3

September 12, 2021

By Michael J. McCormick, Esq., McCalla Raymer Leibert Pierce, LLC (Roswell, GA) Escrow 101 – Part 1 Escrow 101 – Part 3 Escrow 102 – Part 1 Escrow 102 – Part 2

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New Academy Podcasts

The Academy

December 15, 2024

In the 1979 Steve Martin movie The Jerk, Martin’s character, Navin Johnson, proclaims “I’m somebody” because his name is listed in the phone book. In 2024 to be “somebody” equates to being on Spotify. Well, The Academy is formally SOMEBODY. We have just launched our first 2 podcast episodes – 3002.1 Debtor Attorneys Were Gobsmacked Parts 1 and 2. Join a funny and frank discussion between Podcast Host Jody Bledsoe and our guest Hilary Bonial.

From the AO

The Academy

January 19, 2025

Director’s Awards Recognize 16 Employees for Leadership, Service FOUR are from bankruptcy courts!!

Why Your Bankruptcy Client Doesn’t Understand You (And How to Fix the Problem)

Cathy Moran

October 20, 2024

Bankruptcy terminology, so familiar to lawyers, stymies clients. Even common English words seem to flummox our clients. We are a pair, divided by our common language. Check out Attorney Moran’s Words at War and then add your own to be shared next week.

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From the Editor – Attorneys and Fees

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Related Articles

Post-Petition Causes of Action, Inheritances and Windfalls Are Property of the Estate and Must Be Reported to the Trustee – Part 3 of 5

Eleventh Circuit Adopts the Path of Leased Resistance in Chapter 13

In the Trenches: Secrets to Settlement – Competency in the Courtroom Part 2 of 3

Supreme Court Revisits Finality of Orders in Bankruptcy: Comment on Ritzen and Review of “Finality”

Unjust Enrichment from Spouse’s Defalcation Leads to a NondischargeableDebt

“Student Loan Bankruptcy Improvement Act of 2025”

Escrow 101 – Part 2 of 3

New Academy Podcasts

From the AO

Why Your Bankruptcy Client Doesn’t Understand You (And How to Fix the Problem)

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