From the Editor – Claims

By The Honorable William Houston Brown (Retired)

Administrative expense allowed to attorney for substantial contribution in Chapter 13 case. The district court affirmed allowance to a law firm for administrative expense under § 503(b)(3)(D) for its substantial contribution to a case by its successful objection to an exemption claim in annuities. The law firm had represented the Chapter 7 trustee prior to conversion of the case to Chapter 13 and had objected to the exemption in the Chapter 7 phase of the case. On conversion, the law firm was a creditor for unpaid fees . . .

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Critical Case Comment – Free Parking

Henry E. Hildebrand, III

January 29, 2023

Percentage fees collected by a Chapter 13 trustee prior to confirmation of a Chapter 13 plan must be returned to the debtor by the trustee if Chapter 13 plan is not confirmed. (Ebel) Goodman v. Doll, 2023 WL 216778 (10th Cir. January 18, 2023) Case Summary Daniel Doll filed Chapter 13 in November of 2017. The debtor complied with 11...

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Don’t Be Dismissive – Rule 41

Cathy Moran

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I was the third attorney on this lien avoidance matter. Instead of it being “third time’s the charm”, it came close to being “three strikes and you’re out.” All because of FRBP 7041. This was the set up: debtor’s original counsel filed a number of lien avoidance actions, including the one against a landlord with a large default judgment. The...

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A Practical Approach to Using Bankruptcy Rules Effectively – Part 2 Contested Matters; Service Under Rule 7004

Beverly M. Burden

February 2, 2025

Part 1 of this series introduced the purpose of these articles and discussed four fundamental rules relating to motion practice. This second article takes a deeper dive into one of those rules, Rule 9014.

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What to Think About When You’re Thinking About Litigating: One Attorney’s Perspective

Beverly M. Burden

June 29, 2025

Bankruptcy professionals must weigh when to litigate, compromise, or concede in resolving disputes. The key is to choose a path based on clear judgment rather than emotion or ego.

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Jan M. Sensenich

February 10, 2019

Jan M. Sensenich graduated from Windham College in Putney, Vermont in 1978 and Vermont Law School in 1983. He served as Core Faculty Member and Director of the Woodbury College Legal Clinic from 1983 to 1987and from 1990 to 1992. Jan was an Associate with Jerome I. Meyers, P.C. from 1987 to 1990 when he opened his own practice concentrating...

How My Law Firm Learned to Stop Leaving Money on the Table Part 2 – The “Other Appropriate Relief” of Rule 3001

Mark C. Leffler

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At my firm, we see a lot of consumers who have some combination of high debt and low income. Many of them arrive for their consultations after having been abused by debt collectors and predatory lenders, harmed by mortgage servicing errors, or subjected to inaccurate and derogatory credit reporting. Until fairly recently, after filing bankruptcies for these folks, we usually...

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Re-Examining the Means Test Cost of Home Ownership

Cathy Moran

June 2, 2024

Bankruptcy lawyers can better present non-mortgage homeownership expenses to reflect current economic realities on the means test. By advocating for realistic expense allowances, based on a percentage of the home’s purchase price, attorneys can ensure fairer assessments and more successful bankruptcy plans. Additionally, Trustees and Judges should look at Atty Moran’s analysis here – change will take the whole village.

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Senior Headaches Caused by Junior Liens: Lien Stripping Under § 522(f)

Arya Omshehe, The Honorable John P. Gustafson

October 13, 2024

“In evaluating lien avoidance, we often default to the most common scenario: a first mortgage, perhaps a second mortgage, and the debtor’s homestead exemption. The question then becomes, is the total of these obligations more than the value of the property? If so, the judicial liens are avoided. If not, the judicial liens are either partially avoidable or fully secured.But that’s not quite how it works.” What a treat!!!! With no tricks. Judge Gustafson and Law Clerk Omshehe bring subscribers an in-depth look at the sexy topic of stripping.

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Paid in Full, But Title in Limbo

Henry E. Hildebrand, III

March 2, 2025

Debtor is not entitled to receive title to automobile, treated under the Chapter 13 plan, even though the claim is fully paid in accordance with the plan.

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Furry Blurry Expenses: Pets And Bankruptcy

Michael B. Joseph

October 19, 2025

Pet care costs can range from ordinary to extraordinary - and it’s the debtor’s burden to prove reasonableness. See also regarding pets: How Much Is That Doggy in the Window? The One with the PMSI? By Ryan Blay

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From the Editor – Claims

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Related Articles

Critical Case Comment – Free Parking

Don’t Be Dismissive – Rule 41

A Practical Approach to Using Bankruptcy Rules Effectively – Part 2 Contested Matters; Service Under Rule 7004

What to Think About When You’re Thinking About Litigating: One Attorney’s Perspective

Jan M. Sensenich

How My Law Firm Learned to Stop Leaving Money on the Table Part 2 – The “Other Appropriate Relief” of Rule 3001

Re-Examining the Means Test Cost of Home Ownership

Senior Headaches Caused by Junior Liens: Lien Stripping Under § 522(f)

Paid in Full, But Title in Limbo

Furry Blurry Expenses: Pets And Bankruptcy

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