From the Editor

From the Editor – Leases

By The Honorable William Houston Brown (Retired)

Nonresidential lease deemed rejected when not timely assumed by trustee. Finding that § 365(d)(4)(A) applies in Chapter 13 cases, an unexpired nonresidential lease on which the debtor is lessee must be timely assumed, and the lease was automatically rejected if the trustee does not assume it within 120 days of the petition filing. The plain language of that section does not permit a debtor to assume such a lease. The court discussed two reported cases supporting the debtors’ position that they could assume, but disagreed with them . . .

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All Taxpayers Should Plan Ahead for Natural Disasters

June 9, 2019

Floods, wildfires, hurricanes, tornados and other natural disasters happen quickly and often with little warning. No one can prevent these disasters from happening, but people can prepare for them. Here are some things taxpayers can do to help protect their financial safety should a disaster occur. Taxpayers should: Update emergency plans. A disaster can strike any time. Personal and business...

Critical Case Comment – Punitive Damages? Yep.

Henry E. Hildebrand, III

March 10, 2024

Punitive damages can be awarded for a violation of Rule 3002.1 even where there are no compensatory damages, other than attorney’s fees.

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Unmet Installments Means Dismissal for Pro Se

Henry E. Hildebrand, III

August 18, 2024

Failure of a pro se debtor to pay the third installment of filing fees justifies dismissal of the case; debtor’s failure to submit a brief in compliance with Rule 8014 justifies a 180-day bar on refiling.

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From the Editor – Claims

February 9, 2020

By The Honorable William Houston Brown (Retired) Unreasonable fees for proof of claim. $4,000 fee for private mortgagee’s proof of claim and objection to proposed plan was unreasonable, and creditor was denied recovery of $7,500 attorney fee for responding to debtor’s objection to proof of claim. The Court considered Fannie Mae’s guidelines for maximum fees related to proof of claim...

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Duty to Disclose Substantial and Unanticipated Changes in Debtor’s Financial Condition

Angela M. Scolforo

December 11, 2022

In the case of In re Ilyev, 17-12987-KHK (Bankr. E.D. VA July 26, 2022), Judge Kenney granted the Chapter 13 Trustee’s motion to modify the plan to require the Debtor to repay some of the $29,250 of disposable income he retained by not making his mortgage payments during an 18-month Covid forbearance. The Debtor never disclosed to the Trustee, or...

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New Trustee Named

The Academy

September 3, 2023

Tracy Updike of Harrisburg, Pennsylvania, has been named as a Chapter 13 Standing Trustee for the Northern District of Indiana. Updike will be filling the trusteeship vacated by Debra Miller when she accepted a trusteeship in the Eastern District of Tennessee.

Director’s Awards Recognize 19 Employees for Leadership, Service

The Academy

December 10, 2023

Congratulations to all but specifically the two bankruptcy courts with recognized recipients!

In re Lazaro: Non-Monetary Default and § 1322(b)(5)

James M. Davis

June 4, 2023

Can a debtor provide for a non-debtor’s loan under § 1322(b)(5) even if the plan does not address a non-monetary default on the claim? In re Lazaro suggests the answer may be “yes.” In that case, the Court held not only that the Debtor’s plan could provide to cure a monetary default on a loan taken out by the Debtor’s...

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March 31, 2019

By Wm. Houston Brown, United States Bankruptcy Judge (Retired) Debtor’s Attorney - Chapter 13 no-look fee subject to Hawai’i’s general excise tax. Construing the State’s excise tax, the Chapter 13 debtor’s attorney could not collect the required excise tax in addition to the agreed upon no-look fee. The district’s Rights and Responsibilities Agreement between debtor and attorney did not contain...

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In the Greatest Hits Department . . .

The Academy

May 26, 2024

The Case of the Naked Client: In December of 2023 Cathy Moran brought readers this great exhortation to debtor attorneys to be very careful when completing a petition. What ISN’T there may be as important as what is there!

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From the Editor – Leases

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Related Articles

All Taxpayers Should Plan Ahead for Natural Disasters

Critical Case Comment – Punitive Damages? Yep.

Unmet Installments Means Dismissal for Pro Se

From the Editor – Claims

Duty to Disclose Substantial and Unanticipated Changes in Debtor’s Financial Condition

New Trustee Named

Director’s Awards Recognize 19 Employees for Leadership, Service

In re Lazaro: Non-Monetary Default and § 1322(b)(5)

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