From the Editor – Claims

By The Honorable William Houston Brown (Retired)

Postpetition traffic tickets not administrative expense. Affirming the bankruptcy court’s decisions, the district court held that the City of Chicago did not have administrative expense claims under § 503(b) for traffic fines incurred after the filing of Chapter 13 cases. Under the test of Reading v. Brown, 391 U.S. 471 (1968), the City argued that the debtors’ postpetition fines were liabilities of their bankruptcy estates, because the Municipal Code established prima facie responsibility for the fines in the person in whom the vehicle is registered . . .

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Max’s Knowledge Nugget

Max Gardner

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Question: May a servicer charge to generate a payoff quote? Answer: 1026.36(c)(3) Payoff statements. In connection with a consumer credit transaction secured by a consumer's dwelling, a creditor, assignee or servicer, as applicable, must provide an accurate statement of the total outstanding balance that would be required to pay the consumer's obligation in full as of a specified date. The...

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From the Editor – Discharge Injunction

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When the Duty to Provide Tax Returns Collides with Confidentiality

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By Cathy Moran, Esq. (Redwood City, CA) When BAPCA gutted the ipso facto clause, reaffirmation was left as the only way a debtor could be assured of retaining his wheels. Car lenders took sides back then, then changed sides, on whether they would automatically repossess a vehicle when the debt was not reaffirmed. Some wanted the in terrorem effect of...

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(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...

ABI Commission on Consumer Bankruptcy – Introduction

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