From the Editor

From the Editor – Property of Estate

By The Honorable William Houston Brown (Retired)

Insurance checks assigned prepetition were not property of estate. The debtors had assigned medical insurance proceeds prepetition to a dialysis clinic, and when those checks were made payable only to the debtors and were received postpetition, the checks did not become property of the estate. The proceeds had been validly assigned, and the debtors were not entitled to claim exemption. In re Napoleon, ________B.R.________, 2016 WL 2893764 (Bankr. E.D. N.C. 2016). Compare United States Trustee v. Ellis, et al. (In re McKeever . . .

It looks like you are not signed in or registered! This content is only available to members.

Or Sign In Below:

Username or E-mail:

No Author Biography has been linked to this Article.

Related Articles

More Questions on the Mortgage Interest Deduction

Edward C. Boltz

March 17, 2024

“In response to Cathy Moran’s article from last week: Tracking Down the Illusive Mortgage Interest Deduction, I have a few questions to raise-“

View Article

Members

Bifurcated Fees Under Examination

The Honorable William Houston Brown

May 22, 2022

Bankruptcy and appellate courts in increasing numbers are considering whether it is appropriate for debtors filing for Chapter 7 relief and attorneys representing them to enter into bifurcated fee agreements. It has been recognized that one of the reasons that debtors may decide to file Chapter 13 rather than Chapter 7 is that attorneys require payment of the Chapter 7...

View Article

Members

Leading a Winning Team

Merideth Akers

February 13, 2022

Bowl games… playoff games… championship games… Super Bowls. We start each New Year with a football craze. So what organizational lessons can we learn from football… other than do not spike the ball on fourth down to stop the clock? First, football is played as a team. Highly functioning teams win championships, while dysfunctional teams lose games and the coach...

View Article

Members

The Complex World of Interspousal Claims in Bankruptcy

Cathy Moran

May 1, 2022

Traps and grey areas abound when one spouse files bankruptcy during or after a divorce. Inattention by the non-filing spouse can result in the bankruptcy discharge of spousal claims that might actually be nondischargeable. One of those traps involves the differing treatment in bankruptcy of debts to a former spouse incurred in the course of a divorce (Bankruptcy Code §523(a)15))...

View Article

Members

U.S. Trustee Fee Unconstitutional

The Honorable William Houston Brown

June 12, 2022

On June 6, the Supreme Court’s unanimous opinion in Siegel v. Fitzgerald1 held that the increase in U.S. Trustee fees in Chapter 11 cases violated the uniformity requirement of the Constitution’s Bankruptcy Clause,2 because the fee increase in 2017 only applied to in the U.S. Trustee districts and didn’t apply to the Bankruptcy Administrator districts in Alabama and North Carolina....

View Article

From the Editor – Curing Default

October 27, 2019

By The Honorable William Houston Brown (Retired) Debtor could cure default beyond 60 months. Agreeing with In re Klaas, 858 F.3d 820 (3d Cir. 2017), bankruptcy court had discretion to permit debtors to cure plan default, allowing a reasonable grace period beyond the 60 months of confirmed plan. Dismissal of the case for plan default was not required under §...

View Article

Members

The Hanging Paragraph – Hanging on Every Word Part 1 of 4

June 14, 2020

By Anthony J. Gomez, CPA, former extern to the Honorable John P. Gustafson, Northern District of Ohio at Toledo I. Cramdown Pursuant to 11 U.S.C. §1325(a)(5)(B) Section 1325(a) sets forth the requirements for a court to confirm a chapter 13 bankruptcy plan. In respect to each secured claim provided for in a plan, 11 U.S.C. §1325(a)(5) provides the following three...

View Article

Members

From the IRS – Using Strong Password Is a Strong Defense Against Identity Thieves

December 15, 2019

Two things taxpayers can do to protect themselves from identity theft is to use strong passwords and keep those passwords secure. While many people use fingerprint or facial recognition technology to protect their devices, sometimes it’s still necessary to use a password. In recent years, cybersecurity experts’ recommendations on what constitutes a strong password has changed. With that in mind,...

View Article

From the Editor

September 20, 2020

By The Honorable William Houston Brown (Retired) Debt buyer was debt collector under FDCPA. The Ninth Circuit agreed with the Third Circuit that an entity purchasing consumer debts qualified as a debt collector under the Act, 15 U.S.C. § 1692(a)(6), even though it outsourced the actual debt collection activity. McAdory v. M.N.S. & Assoc., LLC, 952 F.3d 1089 (9th Cir....

View Article

Members

Tax Projections and the Means Test – Part II

September 22, 2019

By Cathy Moran, Esq. (Redwood City, CA) I wrote earlier about calculating the projected income tax deduction on the means test when the year of filing situation looks much like last year. But what if things aren't the same year over year? Your job as a bankruptcy attorney becomes more complicated. It's suddenly more than figuring the tax refund or...

View Article

Members

From the Editor – Property of Estate

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

More Questions on the Mortgage Interest Deduction

Bifurcated Fees Under Examination

Leading a Winning Team

The Complex World of Interspousal Claims in Bankruptcy

U.S. Trustee Fee Unconstitutional

From the Editor – Curing Default

The Hanging Paragraph – Hanging on Every Word Part 1 of 4

From the IRS – Using Strong Password Is a Strong Defense Against Identity Thieves

Tax Projections and the Means Test – Part II

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: