Critical Case Comment

-

Link to Post:

By Kevin R. Anderson, Chapter 13 Trustee for the District of Utah

In re Davis, No. 13–40938, 2015 WL 1598048 (Bankr. N.D. Ala., April 7, 2015) (Robinson).

Whether motivated by altruism or greed, the surreptitious use of post-dated checks by debtors’ counsel to pay Chapter 7 and Chapter 13 attorney’s fees violated the mandatory bankruptcy disclosure requirements and merited sanctions of $61,534 and the disgorgement of $127,971 in fees earned in 300 cases over two years.

Factual Summary

When prospective clients called the law firm for a bankruptcy . . .

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.

Related Articles

Impact of COVID-19 and the CARES ACT on Mortgages

April 19, 2020
By Michael McCormick, Senior Partner, McCalla Raymer Leibert Pierce, LLC (Roswell, GA) H.R. 748, also known as the CARES Act (herein, “the Act”), was enacted into law on March 27, 2020. The Act is meant to address the economic fallout of the Coronavirus pandemic. The Act contains numerous consumer protections, including several pertaining to residential mortgages. Relief from Foreclosure Section...
View Article
Members
bobdrummond

How Late Is Too Late to Object to a Proof of Claim?

May 18, 2025
A resource you are probably going to want to hang onto. Here, Trustee Drummond, offers readers a concise look at the doctrine of laches and answers how late is too late.
View Article
Members

ABI Commission on Consumer Bankruptcy – Dischargeability of Homeowner Association Fees

May 19, 2019
By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN) Homeowner association fees that obligate homeowners of condominium and planned unit developments can be a substantial obligation that accrue on a monthly basis. These obligations are generally a burden when a debtor files for bankruptcy relief. To be fair, homeowners’ associations provide a significant benefit to homeowners. Exterior maintenance,...
View Article
Members
Academy-Circle-Logo-gold-Consumer Bankruptcy Diary 2

New Academy Podcasts

December 22, 2024
The first 2 podcast episodes are off to a great start. We are hearing how much listeners enjoy them!!!
View Article
greenburg

TMI: Too Much Information

August 6, 2023
Practice Point: Just because it is an unsecured claim does not mean that it should be ignored. Review all claims for inappropriate violations and disclosure of personal identifiers! Keep track of serial violators for possible use in future requests for contempt and sanctions. With all of the emphasis these days on transparency and the requirement for more and more information...
View Article
Members

Just the Facts, Ma’am – Consolidated Appropriations Act, December 27, 2020

January 10, 2021
By The Honorable William Houston Brown (Retired) This legislation includes several bankruptcy-related provisions, in addition to government funding and other COVID relief. Consumer bankruptcy issues are addressed in Title X of the Act, section 1001, which amends Bankruptcy Code § 541(b)’s exclusions from property of the estate, adding subsection 11 for certain coronavirus relief, defined as “recovery rebates made under...
View Article
Members

Assumption of Auto Lease in Chapter 7 Requires No Court Approval Says the 9th Circuit: In re Bobka

May 9, 2021
By Matthew D. Resnik, Resnik Hayes Moradi, LLP (Encino, CA) In Bobka v. Toyota Motor Credit Corporation (In re Bobka), 968 F.3d 946 (9th Cir. August, 2020), the chapter 7 debtor wanted to retain her leased Toyota. Toyota sent her an "assumption agreement" which she signed and returned to Toyota the day before she received her discharge. By then she...
View Article
Members
Copy of Hildebrand-2016

Taekwondo Takedown: Chapter 7 Dismissed Over Discretionary Spending

September 22, 2024
The debtor’s family expense for nonessential taekwondo training and gym memberships demonstrated an abuse of Chapter 7 and the case would be dismissed unless converted to a Chapter 13.
View Article
Members
leffler4

How My Law Firm Learned to Stop Leaving Money on the Table Part 4 – Making Willful Stay Violations Pay Off

June 12, 2022
In this series of articles, I’ve described how my firm developed a litigation practice area to generate revenue that isn’t dependent on new bankruptcy cases. As debtor attorneys around the country wait for bankruptcy cases to return to pre-COVID levels, I hope these articles might inspire others to create income for themselves while obtaining valuable remedies for their clients. Today,...
View Article
Members
Heitkamp

William E. Heitkamp (44)

December 17, 2023
At the end of this calendar year, after 44 years, the Southern District of Texas and the bankruptcy community will lose one of our standard bearers. William E. Heitkamp, “Bill” was appointed Chapter 13 Trustee in 1979. His appointment came shortly after the Bankruptcy Reform Act of 1978 became law.
View Article
Members

Looking to Become a Member?

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:

Attorney
Trustee
Non-Profit
Government