From the Editor’s Desk – Attorney Actions • NACTT Academy

From the Editor’s Desk – Attorney Actions

By The Honorable William Houston Brown (Retired)

Postpetition divorce attorney did not properly disclose fees. The Chapter 13 debtor employed an attorney to represent him in a divorce action filed by his spouse postpetition, and the debtor informed the attorney that he was in bankruptcy. The attorney was paid $7,150 retainer for the divorce representation, but the debtor later moved for disgorgement of those fees. The postpetition divorce was so intertwined with property of the estate issues that the attorney’s employment must be deemed to be “in connection with the case,” for purposes of . . .

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Escrow 102 – Part 1 of 4

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From the Editor – Discharge

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By The Honorable William Houston Brown (Retired) Hardship discharge denied. Section 1328(b)’s requirements for hardship discharge are conjunctive and failure to satisfy any one of three conditions results in denial. Reviewing judicial decisions on requirements of the statute, the court considered “the extent of a debtor’s accountability and degree of control; the substantiality and foreseeability of the changed circumstances at...

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From the Editor

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