By James J. Robinson, Chief United States Bankruptcy Judge, Northern District of Alabama Exactly whose interests does the trustee represent, and when should the trustee object or move to modify? Hope v. Acorn Financial, Inc., 731 F.3d 1189 (11th Cir. 2013). The Eleventh Circuit held that a chapter 13 trustee who was aware of defects with a secured claim before...
From the Editor – An Assortment
Print This Article
Link to Post:
By The Honorable William Houston Brown (Retired)
Debt relief agency did not provide reasonably equivalent value to debtor. In Chapter 7 trustee’s § 548 complaint, the court found that a debt resolution entity acted as a debt relief agency, failing to perform required duties and making misrepresentations to the debtor, justifying $28,000 civil penalty under § 526. Moreover, the debtor did not receive reasonably equivalent value for $7,000 that was paid to agency, which agreed to negotiate at least 35% reduction in debts, but agency failed to settle any debt, applying bulk of prepetition payments . . .
It looks like you are not signed in or registered! This content is only available to members.
Or sign in below:
Related Articles
What Else Does the Code Say About Interest and Unsecured Debts?
Arbitration in Bankruptcy: Reading Opinions & Tea Leaves in Recent Supreme Court & Lower Court Actions
Chapter 13 NoLook Fees: The Horns of a Dilemma
Taxes & Timing: Calculating Outcomes for Bankruptcy Debtors
Forced Vesting by Any Other Name – Just Might Work
From the Editor – Curing Default
Meet A Newish Trustee
Chapter 13 Trustee Duties, Powers, And Limitations – Part 4
What Is Dicta? Is It Binding or Not?
Consumer Bankruptcy Reform Act of 2020 Introduced