From the Editor – Claims

By The Honorable William Houston Brown (Retired)

Non-debtor spouse has claim for equitable distribution of marital property when parties were in prepetition divorce proceeding. On a direct appeal, the Third Circuit decided the issue of whether a non-debtor spouse has an allowable claim for equitable distribution of marital property in a divorce proceeding that was pending at the time the other spouse filed Chapter 7. Stating that the issue had divided courts in the Circuit, the court looked to the definition of a “claim” under § 101(5)(A), with the spouse’s interest, “at . . .

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From the Editor – Claims

February 9, 2020

By The Honorable William Houston Brown (Retired) Failure to include creditor on matrix not grounds to extend time for proof of claim. The Chapter 13 debtor had timely filed her list of creditors, pursuant to Rule 1007(a), but she failed to include a creditor either on that list or in the schedules, resulting in the creditor not receiving notice of...

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Here’s How a Name Change Affects a Tax Return

March 10, 2019

When someone legally changes their name, there are tax consequences they need to know about, especially at tax time. People change their names for several reasons: Taking their spouse’s last name after a marriage Hyphenating their last name with their spouse’s after getting married Going back to their former name after a divorce Giving an adopted child the last name...

Hanging Paragraph, Cars for Non-Personal Use, and PMSI

November 3, 2019

By Gretchen Holland, Standing Chapter 13 Trustee for the Greenville/Spartanburg Division of South Carolina The hanging paragraph of § 1325(a)(9) prevents bifurcation of a PMSI claim if the collateral securing it was purchased within certain time periods prepetition. A 910-day limitation applies to motor vehicles acquired for the debtor’s personal use. A one-year limitation applies to all other PMSI collateral,...

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Atlanta Debtor Attorney/Firm Sanctioned

The Academy

August 11, 2024

From Page 4 of Memorandum and Order “Because Kakol’s representation of Debtor in this case fell drastically below the standard for acceptable representation of individual debtors in chapter 13 cases as discussed in greater detail below, he and the Kakol Firm will be sanctioned as follows: (1) they will be required to disgorge any and all fees paid in connection...

After Chicago v Fulton: Not Only Cars – A Survey of Fulton Rulings and a Weakened Automatic Stay

Hale Andrew Antico

December 11, 2022

Intro: What is a Fulton ruling? When Chicago v Fulton (In re Fulton), 141 S Ct. 585 (Sup Ct, 2021) was first decided by the Supreme Court, there was a consensus among bankruptcy attorneys that the erosion of the automatic stay with regard to turnover was only about cars. That is, Fulton was a narrow ruling that was only about...

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From the IRS – Using Strong Password Is a Strong Defense Against Identity Thieves

December 15, 2019

Two things taxpayers can do to protect themselves from identity theft is to use strong passwords and keep those passwords secure. While many people use fingerprint or facial recognition technology to protect their devices, sometimes it’s still necessary to use a password. In recent years, cybersecurity experts’ recommendations on what constitutes a strong password has changed. With that in mind,...

Home Equity Conversion Mortgages – Reversal of Fortune

Michael B. Joseph

March 30, 2025

Reverse mortgages, while providing liquidity to senior homeowners, come with high costs and unique challenges, particularly in Chapter 13, where both borrower and non-borrower debtors must navigate complex repayment issues.

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From the Editor

April 7, 2019

By Wm. Houston Brown, United States Bankruptcy Judge (Retired) Attorney Fees - Chapter 13 debtor’s attorney not entitled to recovery under § 330 of fees that were incurred in defending prior attorneys’ sanctions motion. The debtor’s prior attorneys had sought to impose sanctions on the current attorney, and that attorney successfully defended against sanctions. However, the fees incurred by the...

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FFIEC Issues Statement on Examination Principles Related to Valuation Discrimination and Bias in Residential Lending

The Academy

February 18, 2024

FFIEC Issues Statement on Examination Principles Related to Valuation Discrimination and Bias in Residential Lending

Overruled: The Human Toll of Too Much Law – A Book Review

M. Jonathan Hayes

October 6, 2024

“What, he [Gorsuch] explains, jumped out at me is that not only are there too many laws and administrative rules, but there are too many laws and rules created by agencies -- by individuals not chosen by we the people, and often in the far-away land we call Washington.”

From the Editor – Claims

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Related Articles

From the Editor – Claims

Here’s How a Name Change Affects a Tax Return

Hanging Paragraph, Cars for Non-Personal Use, and PMSI

Atlanta Debtor Attorney/Firm Sanctioned

After Chicago v Fulton: Not Only Cars – A Survey of Fulton Rulings and a Weakened Automatic Stay

From the IRS – Using Strong Password Is a Strong Defense Against Identity Thieves

Home Equity Conversion Mortgages – Reversal of Fortune

From the Editor

FFIEC Issues Statement on Examination Principles Related to Valuation Discrimination and Bias in Residential Lending

Overruled: The Human Toll of Too Much Law – A Book Review

Academy

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