From the Editor – Discharge Injunction

By The Honorable William Houston Brown (Retired)

Creditor violated discharge injunction by filing proof of claim in subsequent Chapter 13 for debt discharged in Chapter 7. Affirming, the district court held that the creditor with a deficiency unsecured balance on a mobile home contract violated the discharge injunction in the Chapter 7 case when it filed a proof of claim in the debtors’ subsequent Chapter 13. The court rejected the creditor’s argument that mere filing of a proof of claim was not an act to collect or a discharge injunction violation, concluding that filing a . . .

It looks like you are not signed in or registered! This content is only available to members.

Or sign in below:

No Author Biography has been linked to this Article.

Lessons From In Re Chase: Student Loan Discharge and Loan Consolidation

Rahaf Alrehaili, Esq.

January 5, 2025

A recent decision out of Maine underscores the strategic nuances of discharging student loans in bankruptcy.

Members

Critical Case Comment – No Mulligans for Gardners

Henry E. Hildebrand, III

October 30, 2022

In order for a debtor to succeed in setting aside a dismissal in a motion filed under Rule 9024, F.R.B.P., the debtor must prove specific grounds as outlined in Federal Rule of Civil Procedure 60(b). (Oxholm) In re Gardner, 2022 WL 654410 (Bankr. E.D. Mich. May 24, 2022) Case Summary Carl and Taisha Gardner filed Chapter 13 in September of...

Members

SCOTUS Cases Every Bankruptcy Lawyer Should Know – Part 3 of 8

The Honorable John P. Gustafson

November 16, 2025

In the continually evolving field of consumer bankruptcy law, a series of Supreme Court decisions shape how cases are administered nationwide. Over the coming weeks, we will highlight key decisions that every bankruptcy practitioner should recognize—both by name and by the issues they resolve. This week’s ‘memory work’ is: Mullane v. Central Hanover Bank & Trust; US v. Whiting Pools; BFP v. Resolution Trust; and Nobleman

Members

Of Tax Refunds, Exemptions, Setoffs, and Roman Gods

April 18, 2021

By Herbert L. Beskin, Chapter 13 Standing Trustee for the Western District of Virginia (Charlottesville) If you’re looking for a well-written and clear appellate opinion about a much-litigated topic, with a bit of ancient mythology thrown in for good measure, this HUD’s for you. The case is Wood v. U.S. Dept. of Housing & Urban Development (In re Larry and...

Members

Two More Things Trustees Should Know About the Small Business Reorganization Act of 2019

October 27, 2019

By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN) Part IV Two More Things Trustees Should Know About the Small Business Reorganization Act of 2019 Introduction Four bankruptcy-related bills were enacted during the 116th Congress and signed into law on August 23, 2019.1 The legislation affected both business and consumer cases. One bill, the Small Business Reorganization Act of...

Members

Critical Case Comment – Debtor’s Counsel’s Fee Reduced to $48k

Henry E. Hildebrand, III

February 4, 2022

Chapter 13 debtor’s counsel’s fee award was reduced to $48,116 from the requested $95,480 due to pre-petition payments, confusing and “lumped” time entries, and excessive hourly rates for some services performed, even though the debtor’s Chapter 13 plan was never even proposed much less confirmed. The debtor never attended a meeting of creditors, but the debtor managed to recover his...

Members

How to Pay for Bankruptcy When You’re Flat Broke

June 14, 2020

By Cathy Moran, Esq. (Redwood City, CA) One of the cosmic ironies of our legal system is that it costs money to file bankruptcy. Bankruptcy gets you out of debt only if you have the money to file. The costs of bankruptcy include the filing fee collected by the court; the required credit counseling; and, if you’re smart, an experienced...

Is Nunc Pro Tunc Really Sunk?

December 20, 2020

By James M. Davis, Staff Attorney to Chapter 13 Standing Trustee Henry E. Hildebrand, III (Nashville, TN) Bankruptcy Courts take determinations from the Supreme Court seriously. And rightfully so. But sometimes, some bankruptcy courts are guilty of reading too much into the Court’s statements. The latest example is the soul searching around “nunc pro tunc” (“now for then”) orders. Earlier...

Members

Judiciary Still Operating as Shutdown Starts

The Academy

October 12, 2025

. . . at least through Friday, October 17th

From the Editor

March 31, 2019

By Wm. Houston Brown, United States Bankruptcy Judge (Retired) Debtor’s Attorney - Suspension of firm upheld. The District court affirmed the 90-day suspension of Law Solutions Chicago, LLC (d/b/a UpRight Law, LLC), with the record supporting the bankruptcy court’s findings that the firm failed to adequately represent the debtor in a “simple” consumer case. Disgorgement of fees was appropriate under...

Members

From the Editor – Discharge Injunction

Link to Post:

It looks like you are not signed in or registered! This content is only available to members.

Or sign in below:

Related Articles

Lessons From In Re Chase: Student Loan Discharge and Loan Consolidation

Critical Case Comment – No Mulligans for Gardners

SCOTUS Cases Every Bankruptcy Lawyer Should Know – Part 3 of 8

Of Tax Refunds, Exemptions, Setoffs, and Roman Gods

Two More Things Trustees Should Know About the Small Business Reorganization Act of 2019

Critical Case Comment – Debtor’s Counsel’s Fee Reduced to $48k

How to Pay for Bankruptcy When You’re Flat Broke

Is Nunc Pro Tunc Really Sunk?

Judiciary Still Operating as Shutdown Starts

From the Editor

Academy

Members

Website

Legal

Looking to Become a Member?

Webinars

Member Articles

Industry News

To get started, please let us know which of these best fits your current position: