From the Editor – Debtor’s Attorney • NACTT Academy

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.

Honoring Black History Month

The Academy

February 18, 2024

Judge Raymond Lohier (Second Circuit U.S. Court of Appeals) Shares His Immigration Story and the Diverse Perspective it Brings

Here’s What People Should Know About Taking Early Withdrawals from Retirement Plans

April 21, 2019

Taxpayers may need to take money out of their individual retirement account or retirement plan early. However, this can trigger an additional tax on top of other income tax they may owe. Here are a few key things for taxpayers to know: Early Withdrawals. An early withdrawal normally is taking cash out of a retirement plan before the taxpayer is...

Drummond Receives Professionalism Award

August 18, 2019

By Regina Logsdon, Executive Director, The Academy d/b/a ConsiderChapter13.org Robert (“Bob”) G. Drummond has been the only standing Chapter 13 Trustee for the District of Montana since 1992. Originally from Montana, Mr. Drummond graduated from Montana State University with a Bachelor of Science degree in Agricultural Business, and received a Juris Doctorate in Law with Honors from the University of...

Laudable, Shortsighted, and Vague: The CDC’s Eviction Moratorium

October 18, 2020

By Riley F. Tunnell, Esq., Godwin Bowman PC (Dallas, TX) The COVID-19 pandemic is not the product of a single cause. So, our remedial efforts must address a myriad of causes and rapidly developing effects. The CDC believes that delaying the onset of the mass-eviction to a time when we may be better able to manage this virus is a...

Members

What Does the Bankruptcy Code Say About Interest and Unsecured Debts

Hale Andrew Antico

March 24, 2024

“. . . the law is so clear that of course it's not allowed. However, some courts have twisted themselves into pretzels to create a creditor right to postpetition unmatured interest.” The article explores this not so simple issue by examining relevant sections of the Bankruptcy Code and case law from various circuit courts.

Members

It Takes a Village

September 29, 2019

By Katherine B. Brewer, Esq. (Westerville, OH) One of the first things we focus on in law school (other than the Rule Against Perpetuities, which always brings back fond memories), is that our clients come first. We learn the complexities of the law, memorize rule statements, and read thousands of pages of case law in order to learn how best...

Members

Taxes, Offset, and Mutuality

October 13, 2019

By Cathy Moran, Esq. (Redwood City, CA) Bankruptcy lawyers are accustomed to evaluating the dischargeability of taxes when deciding when to file a client's bankruptcy case. But as we approach the end of the tax year, a client’s current year tax situation becomes another moving part in the “when do we file” analysis. In the simplest situation, the client owes...

Members

Meet a New Trustee

The Academy

October 22, 2023

Angela M. Scolforo was appointed as the Chapter 13 Standing Trustee for the Western District of Virginia on April Fool’s Day. She replaced Herbert L. Beskin who served as the Trustee for 20 years, retiring in March of this year. Angela received a B.A. in English from College of the Holy Cross in Worchester, Massachusetts, in1987. She did not immediately go...

Purdue Pharma and Chapter 13 Codebtor Stays

Michael B. Joseph

July 28, 2024

Could it be that chapter 13 got it right? How does the recent United States Supreme Court holding in Harrington v. Purdue Pharma impact chapter 13 cases?

Members

Five Things Trustees Should Know About the Small Business Reorganization Act of 2019

September 8, 2019

By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN) Introduction Four bankruptcy-related bills were enacted during the 116th Congress and signed into law on August 23, 2019.1 The legislation affected both business and consumer cases. One bill, the Small Business Reorganization Act of 2019 (SBRA),2 deals on its face with a non-consumer topic. However, it will be of great...

Members