From the Editor – Fair Debt Collection Practices Act

By The Honorable William Houston Brown (Retired)

Ten percent penalty for early withdrawal from IRA was not priority claim. The primary purpose of Congress in imposing 10% penalty for early withdrawal from IRA was to discourage early withdrawals, not to support the government fisc or to compensate the government for any actual pecuniary loss, and the 10% penalty was not a priority claim in the Chapter 13 case under § 507(a)(8)(G). Bradford v. United States (In re Bradford), 534 B.R. 839 (Bankr. M.D. Ga. 2015).

________________________________

The Honorable William Houston . . .

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

NalikoMarkel-150x150
February 23, 2025
MFA isn’t just an inconvenience - it’s your digital seatbelt, and in a world of escalating cyber threats, failing to use it is like refusing to buckle up on the freeway.
Members
IMG_7573
August 11, 2024
“The obvious struggle for the Court will be the effort to balance their definition of modify, with their passing comments on a debtor’s ability to change their plans during the case.”
Members
moran_cathy
February 4, 2024
You know it won’t go well for the creditor in a discharge violation when the opinion opens by characterizing the debtor as a single mother and registered nurse who discovers her $20k bank balance is now negative.
Members
December 20, 2020
(To be sung to the tune of Julie Andrews’ version of “These Are a Few of My Favorite Things” from The Sound of Music) Raindrops on roses, and whiskers on kittens, Bright copper kettles and warm woolen mittens– Hey, wait a minute, that’s not what I mean; It’s time that we focus on Chapter Thirteen. We’ve been Trustees for so...
November 8, 2020
By Cathy Moran, Esq., Moran Law Group (Redwood City, CA) For Californians, the CA Supreme Court’s decision in Brace this summer upended our understanding of joint tenancy and community property. For decades, we “knew” that a property couldn’t be . . . It looks like you are not signed in or registered! This content is only available to members. Join...
Members
Headshot
October 8, 2023
David A. Mawhinney is the Chapter 13 Standing Trustee for the Central and Western Divisions of Massachusetts and a Subchapter V Trustee for Region One. He replaced Denise M. Pappalardo upon her retirement which was effective December 24, 2022. David is a 2002 graduate of Boston College and received his J.D. from Boston College Law School in 2011. When David started...
September 20, 2020
By The Honorable William Houston Brown (Retired) Chapter 13 debtors’ FDCPA claim was not “related to” bankruptcy case. After reopening closed case, the debtors filed adversary complaint against mortgage holders and servicers, alleging various claims for violation of discharge injunction, automatic stay and FDCPA. The complaint plausibly pleaded elements required for §§ 362(k) and 524(i), but the claims under FDCPA...
Members
markhall
December 15, 2024
Appointment of Mark E. Hall as Bankruptcy Judge Click here for background
joseph 12-2024
December 29, 2024
From January: “Is it possible to voluntarily convert a chapter 13 case to chapter 7, and later reconvert back to chapter 13? There is a split of authority on whether this maneuver is allowed.”
Members
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

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: