By Henry E. Hildebrand, III, Chapter 13 Trustee, Nashville, TN
Nardello v. Balboa (In re Balboa), 514 B.R. 105 (D. N.J. August 4, 2014) (Simandle)
A Chapter 13 trustee is entitled to calculate her commission based on receipts which include payments made toward the Trustee’s own commission; the Chapter 13 Trustee is entitled to the percentage fee commission on all receipts even when the case is subsequently dismissed.
Case Summary
In October of 2012, George Nardello filed a Chapter 13 petition and a couple who owned real estate with him sought approval from . . .
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.
Taxpayers may need to take money out of their individual retirement account or retirement plan early. However, this can trigger an additional tax on top of other income tax they may owe. Here are a few key things for taxpayers to know: Early Withdrawals. An early withdrawal normally is taking cash out of a retirement plan before the taxpayer is...
Debtor is not entitled to receive title to automobile, treated under the Chapter 13 plan, even though the claim is fully paid in accordance with the plan.
Does an individual have a constitutional right to a bankruptcy discharge without paying the required filing fees? In 1973, the Supreme Court answered this question with a not-so-resounding no.
Where a debtor fails to disclose to the Court or the trustee a forbearance on his mortgage that he was to pay directly, the Court would grant the trustee’s motion to modify to recapture as much as possible of the surplus funds the forbearance generated. (Kenney) In re Ilyev, 2022 WL 2965029 (Bankr. E.D. Va. July 26, 2022) Case Summary...
“The non filing and late filing of claims is a national issue with many jurisdictions struggling to address the issue.”
Great article, particularly for creditors/creditor attorneys. Not a subscriber? Click here.
By The Honorable Hannah Blumenstiel Yes, MORE on SBRA. We realize that to attorneys February of 2020 seems a LONG way away but it really isn’t. We are building our library on this important legislation so it is available when YOU are ready for it. In this week’s installation, Judge Blumenstiel, analyzes the legislation. The first two and a half...
Although few are filed, and rarely granted, motions for the recusal of a bankruptcy judge are quite serious. We asked our Emeritus Trustee Committee for their opinion and comments on recusal motions.
By The Honorable William Houston Brown (Retired) Debtors’ attorney fees not authorized under Equal Access to Justice Act (EAJA). Although the Chapter 13 debtors had prevailed before the Ninth Circuit, In re Sisk, 962 F.3d 1133 (9th Cir. 2020), their application for attorney fees as prevailing parties under EAJA was denied. That Act did not authorize awards of attorney fees...
Rebecca A. (Becky) Herr was appointed Chapter 13 Standing Trustee for the District of Maryland on October 1, 2019 and maintains her offices in Annapolis. Ms. Herr’s appointment came on the heels of the retirement of Chapter 13 Standing Trustee Nancy Spencer-Grigsby. But Herr is no stranger to NACTT, The Academy, and the Chapter 13 Trustee community. So, let’s start...
ConsiderChapter13.org offers a forum to advance continuing education of consumer bankruptcy via access to insightful articles, informative webinars, and the latest industry news. Join now to benefit from expert resources and stay informed.
Webinars
These informative sessions are led by industry experts and cover a range of consumer bankruptcy topics.
Member Articles
Written by industry experts, these articles provide in-depth analysis and practical guidance on consumer bankruptcy topics.
Industry News
The Academy is the go-to source for the latest news and analysis in the Chapter 13 bankruptcy industry.
To get started, please let us know which of these best fits your current position:
Critical Case Comment
Print This Article
Link to Post:
By Henry E. Hildebrand, III, Chapter 13 Trustee, Nashville, TN
Nardello v. Balboa (In re Balboa), 514 B.R. 105 (D. N.J. August 4, 2014) (Simandle)
A Chapter 13 trustee is entitled to calculate her commission based on receipts which include payments made toward the Trustee’s own commission; the Chapter 13 Trustee is entitled to the percentage fee commission on all receipts even when the case is subsequently dismissed.
Case Summary
In October of 2012, George Nardello filed a Chapter 13 petition and a couple who owned real estate with him sought approval from . . .
It looks like you are not signed in or registered! This content is only available to members.
Or sign in below:
Related Articles
Here’s What People Should Know About Taking Early Withdrawals from Retirement Plans
Paid in Full, But Title in Limbo
Objections to Exemptions—An Exception From 30-day Rule?
No Constitutional Right to a Fresh Start
Critical Case Comment – You Gotta Tell SOMEBODY!
The Dilemma of Non-Filing Claims
Small Business Reorganization Act
Motions to Recuse the Bankruptcy Judge
From the Editor
Meet Another New Trustee