Attorneys Fees and The Law of Averages

By Cathy Moran, Certified Bankruptcy Specialist, Mountain View, CA

Lawyers become lawyers, in large part, because they can't or don't want to do math.

Judges are lawyers who got promoted.

Therein is the root of the problem with "no look" attorneys fee for consumer bankruptcy cases.

Judges don't understand mathematics. They expect the "law" of averages to result in fair compensation for debtor's lawyers, relieving judges of having to consider and approve an appropriate fee case by case.

Only the . . .

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.

Post-Petition Causes of Action, Inheritances and Windfalls Are Property of the Estate and Must Be Reported to the Trustee – Part 1 of 5

July 14, 2019

By John P. Gustafson, United States Bankruptcy Judge, Northern District of Ohio, Western Division A. Property Acquired After The Filing Of The Chapter 13 Case: The Different Approaches. 1. Property Acquired Post-Petition vs. Property “Vesting In The Debtor”. Click here for Part 2 The broad issue of what becomes property of the Chapter 13 estate post-petition involves consideration of two...

Members

Fast Track to Freedom: Judge Greenlights Early Payoff

Henry E. Hildebrand, III

January 5, 2025

Chapter 13 debtor has the right to modify a confirmed Chapter 13 plan to pay off the plan early; at modification the “best interest of creditors test” applies to the modified plan as of the effective date of the modification.

Members

Creditors’ Rights and Debtors’ Protections at the Intersection of Consumer Bankruptcy and UCC Article 9

November 29, 2020

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN) PART VI – CONSUMER FORECLOSURE PROCEDURES (CONCLUSION) Introduction In the consumer bankruptcy field, trustees and debtors' counsel often are uncomfortable with the rules in Article 9 of the Uniform Commercial Code (UCC). In this series for the NACTT Academy, we have looked at numerous topics involving the interplay of Article...

Members

Game Stop: Dismissals with Prejudice

Michael B. Joseph

May 8, 2022

Faced with abusive and serial bankruptcy cases,courts have fashioned various sanctions to put a stop to gaming the system. The favored sanction of the majority of courts is to enter an order of dismissal with prejudice under Section 349(a) of the Bankruptcy Code that adds a condition prohibiting refiling another bankruptcy case for a set period of time. See Lundin...

Members

Passing of Wichita Attorney

The Academy

November 19, 2023

It is with sadness that we report the passing of William (“Bill”) Schantz formerly of the Office of UST.

Tax Projections and the Means Test

September 15, 2019

By Cathy Moran, Esq. (Redwood City, CA) Mention tax calculations to a bankruptcy attorney and 7 out of 10 freeze on the spot. I'm not a tax attorney, they retort. That's right, but, if you are a bankruptcy attorney, that doesn't relieve you from knowing enough tax to get the means test right. Not to mention not giving up your...

Members

No Constitutional Right to a Fresh Start

M. Jonathan Hayes

November 2, 2025

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.

Members

Under the Radar: Evidence of Prohibited Vehicle-Title Loans Made in 23 States – A Study

Edward C. Boltz

February 9, 2025

Ed provides a synopsis and compelling commentary on this study by the Center for Responsible Lending, which may be of particular interest to trustees.

Expiration of Debt Limits

The Academy

June 16, 2024

Welp, it doesn’t look like Congress is going to act . . . As you know, Congress temporarily raised the debt limits for Subchapter V and Chapter 13 debtors. These increased debt limits are set to expire on Friday, June 21, 2024. Without further action by Congress, for Chapter 13 filers, the combined unsecured and secured debt limit will fall...

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...

Attorneys Fees and The Law of Averages

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

Post-Petition Causes of Action, Inheritances and Windfalls Are Property of the Estate and Must Be Reported to the Trustee – Part 1 of 5

Fast Track to Freedom: Judge Greenlights Early Payoff

Creditors’ Rights and Debtors’ Protections at the Intersection of Consumer Bankruptcy and UCC Article 9

Game Stop: Dismissals with Prejudice

Passing of Wichita Attorney

Tax Projections and the Means Test

No Constitutional Right to a Fresh Start

Under the Radar: Evidence of Prohibited Vehicle-Title Loans Made in 23 States – A Study

Expiration of Debt Limits

Here’s How a Name Change Affects a Tax Return

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: