Fifth Circuit Finds Legal Basis To Void Allowed Exemption

By Johnie Patterson, Walker and Patterson, P.C., Houston, TX

Mark Frost filed a Chapter 13 bankruptcy. Property of his estate included his home in Cibilo, Texas. Mr. Frost claimed his homestead exemption under state law. The Texas homestead exemption exempts the homestead property itself as an interest in real property without monetary limit. Texas law further provides that if a property owner sells their homestead, they must reinvest the proceeds in another homestead within six months or the proceeds are no longer exempt. TEX. PROP. CODE § 41.001(c). Frost’s claim of exemptions drew no objections . . .

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Rule 3002.1 Does Not Justify Punitive Sanctions

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By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN) In order for a bankruptcy court to impose sanctions for contempt, Taggart compelsa finding of a violation of a clear and unambiguous order; the bankruptcy court lacks inherent power to issue punitive sanctions under Rule 3002.1. (Jacobs) PHH Mortgage Corporation v. Sensenich, 6 F.4th 503 (2nd Cir. August 2,...

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Michael J. McCormick, Esq.

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Escrow 101 – Part 2 of 3

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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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Jan M. Sensenich

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Jan M. Sensenich graduated from Windham College in Putney, Vermont in 1978 and Vermont Law School in 1983. He served as Core Faculty Member and Director of the Woodbury College Legal Clinic from 1983 to 1987and from 1990 to 1992. Jan was an Associate with Jerome I. Meyers, P.C. from 1987 to 1990 when he opened his own practice concentrating...

From the Editor – Fair Debt Collection Practices Act

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Critical Case Comment – Fourth Circuit Says Easy-Peasy

Henry E. Hildebrand, III

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Bankruptcy Courts Grapple with the “COVID-19 Discharge” – Appendix B

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