From the Editor - Automatic Stay • NACTT Academy

From the Editor – Automatic Stay

By The Honorable William Houston Brown (Retired)

Attorney fee award against IRS was based on litigation cost statute. In another appeal involving the Chapter 7 debtor’s attorney fees related to the Internal Revenue Service’s violation of discharge injunction (see Kovacs v. United States, 614 F.3d 666 (7th Cir. 2010)), the bankruptcy court properly applied the prior Kovacs remand instructions, with the debtor’s attorney fees determined under 26 U.S.C. § 7430’s reasonable litigation fees, which has a statutory fee cap, rather than under 26 U.S.C . . .

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by William Houston Brown, Adviser, Academy for Consumer Bankruptcy Education, Inc. The Senate Judiciary Committee held a hearing on August 3, 2021, on student loans, and during the Committee hearing, Senator Durbin, Chair of the Committee, stated that he would be introducing an Act to amend student loan discharge provisions in the Bankruptcy Code. That Act was subsequently introduced by...

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