From the Editor – Debtor’s Attorney

By The Honorable William Houston Brown (Retired)

Attorney fees cannot be charged for preparing and prosecuting fee application. Although additional fees requested by debtor’s attorney were not unreasonable, the attorney could not be paid by the estate for billing time or for defending a fee application. The rationale of Baker Botts, L.L.P. v. ASARCO LLC, 135 S.Ct. 2158 (2015), although a Chapter 11 case, applied in Chapter 13. The attorney was not seeking fees for representing the interests of the debtor; rather, the additional fees were for representing the professional . . .

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.

When (or Not) Is the Best Interests of Creditors Test Applicable in a Modified Plan?

August 22, 2021

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN) While the best interests of creditors test is applicable upon modification of a Chapter 13 plan, post-petition acquired property of the estate is not included in such analysis in that such property would not be property of a Chapter 7 estate. (Somers) In re Taylor, 2021 WL 3118824 (Bankr....

Members

Johnson Retires

September 29, 2019

By Academy Staff Jan P. Johnson served as a Chapter Standing 13 Trustee for the Eastern District of California, Sacramento Division, from 1998 to September 30, 2019. Prior to this appointment, he served as Chapter 13 Standing Trustee for the District of Puerto Rico from 1989 where he was responsible for over 25,000 cases. He was also appointed as Standing...

Critical Case Comment – Five Theories of Post-Confirmation Property Treatment

Henry E. Hildebrand, III

February 26, 2023

In examining the effect of vesting of property of the estate at confirmation of a Chapter 13 plan, bankruptcy court examines the impact of five different theories on how post-confirmation property is to be treated, settling on the “Estate Replenishment Theory,” but does not decide if the debtors can receive the proceeds. (Fenimore) In re Marsh, 2023 WL 215263 (Bankr....

Members

Kristina Stanger and Jessica Hopton Youngberg

November 3, 2019

Kristina Stanger is an attorney and shareholder at Iowa’s Nyemaster Goode, P.C. She is also a combat-experienced Lieutenant Colonel in the Iowa Army National Guard. She is currently one of Iowa’s highest ranking females and is the Chief of Plans and Operations for the Iowa Army National Guard. Jessica Hopton Youngberg is Senior Staff Attorney for Veterans Legal Services in...

Avoidance Powers In Chapter 13 – Part 3 of 6

January 13, 2019

By John P. Gustafson, United States Bankruptcy Judge, Northern District of Ohio, Western Division (Toledo, OH) Click here for Part 1 of 6 Click here for Part 2 of 6 Click here for Part 4 of 6 Click here for Part 5 of 6

Members

How To Manage Incompetent, Unprepared, and Negligent Bankruptcy Counsel

The NACTT Emeritus Trustees

February 12, 2023

Previously the Emeritus Trustees (“ETC”) were asked to comment on “How to Manage Unprofessional and Discourteous Attorneys”. We now turn to ETC to share their collective wisdom when addressing the issues raised by incompetent, unprepared, and negligent bankruptcy counsel. Chapter 13 Trustees are required to administer cases in accordance with the duties set forth in 11 U.S.C. Sec. 1302 and...

Members

Ordinary Heroes Deliver Second Chances with Bankruptcy

July 28, 2019

By Robert (Bob) Schuman, Owner/Managing Broker, Network Financial Group I’m a mortgage broker. In that role, I see close up the immense relief that a homeowner feels when they file Chapter 13. They are no longer forced to deal with collection calls and a multitude of letters that are aggressive and intimidating, threatening to take their car, foreclose on their...

Demystifying Bankruptcy Appeals

M. Jonathan Hayes

September 11, 2022

Consumer bankruptcy attorneys in my experience tend to see appeals as a massively expensive undertaking fraught with unfamiliar rules and the threat of sanctions at every turn. That is not the reality. The purpose of this short article is to allay those fears. It’s a fun and satisfying process; dive in says I. Final order You can only appeal a...

Members

Courts Continue to Fill in the Gaps on the Interplay of Bankruptcy and the FDCPA

March 7, 2021

By Chris Hawkins, Bradley Arant Boult Cummings LLP (Birmingham, AL) The Consumer Financial Protection Bureau (CFPB) published its debt collection final rule in the Federal Register on November 30, 2020, revamping the Fair Debt Collection Practices Act (FDCPA) for the first time since its enactment in 1977. Despite written comments submitted by several industry groups requesting clarity in areas where...

Members

The Proposed Consumer Bankruptcy Reform Act: A Political Analysis

January 17, 2021

By Kevin M. Ball, Eastern Michigan University Senator Warren and Representative Nadler introduced identical legislation entitled the Consumer Bankruptcy Report Act (“CBRA”) late in the 116th Congress. Although the bills died without action at the conclusion of that term, the sponsors have indicated their intent to reintroduce them in the 117th Congress. The legislation would bring major changes to the...

Members