From the Editor – Claims

By The Honorable William Houston Brown (Retired)

Amended proof of claim was unfairly prejudicial to other creditors. Discussing the claims allowance process and the fact that neither the Code nor Rules address claim amendment, the court cited First and Second Circuit authority on tests for allowance of amended claims. When a proof of claim had been allowed but then amended after all payments had been made under the plan, the amended claim was an attempt to require the trustee to recover money from other creditors to pay amended claim in full. The creditor admitted that it . . .

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Critical Case Comment – Pay the TAXES!

Henry E. Hildebrand, III

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Failure of Chapter 13 debtors to satisfy post-petition property tax payments to the county, specifically required in the debtors’ Chapter 13 plan, renders the debtors ineligible for a discharge, even where the debtors proposed a loan modification to repay the mortgage creditor which had advanced the post-petition taxes. (Rodriguez) In re Villarreal, 2022 WL 1102223 (Bankr. S.D. Tex. April 12,...

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“Your marketing is your opportunity to set yourself apart. It’s your chance to show why you’re different — better — than your competitors.”

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CFPB Releases Report on Debt Settlements and Credit Counseling

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July 10, 2020, the CFPB released a report examining recent trends in debt settlement and credit counseling. Many Americans struggle with their debts, especially during times of crisis. Today’s report documents changes over time in how consumers have used these debt relief options for unsecured debt. Using the Bureau’s Consumer Credit Panel (CCP), a nationally representative sample of approximately five...

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Solar panels may save on utility bills, but their legal classification can spark a bankruptcy battle and creditors' rights hang in the balance.

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The timeless questions asked by mankind include “why are we here“, “which came first ...” and “coffee or tea“. Bankruptcy lawyers wrestle with “which controls, b-22 or Schedules I and J“. Having argued and lost the Pak case when BAPCPA was new, and felt vindicated when Kagenveama reversed Pak, I have strong opinions.

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From the Editor – Claims

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Related Articles

Critical Case Comment – Pay the TAXES!

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Discharges and the DoD: The Interplay between Bankruptcy & Security Clearances

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