UpRight Not Right in East Tennessee

Law Solutions Chicago, LLC d/b/a Upright Law has once again been sanctioned. This time in the Eastern District of Tennessee by settlement agreement with the United States Trustee and the Chapter 13 Trustee, Gwendolyn Kerney.

It is difficult to understand how UpRight Law can continue to hold itself out, as it does on its website, as a provider of access to justice while at the same time being prevented in various jurisdictions from filing bankruptcy cases because of its consumer bankruptcy practices (https://www.uprightlaw.com/bk/company/mission).

On August 23, 2018, the U.S. Bankruptcy Court . . .

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By The Honorable William Houston Brown (Retired) Application of Taggart to lien avoidance. When the Chapter 13 confirmed plan bifurcated the secured creditor’s claim and the secured portion had been paid in full with interest, the completion of payments voided any lien, and the creditor violated the discharge injunction by commencing foreclosure. The Panel found the plan’s language, although “inartful,”...

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IRS Updates Guidance for Deductible Business, Charitable, Medical and Moving Expenses

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By James M. Davis, Staff Attorney to Chapter 13 Standing Trustee Henry E. Hildebrand, III (Nashville, TN) Bankruptcy Courts take determinations from the Supreme Court seriously. And rightfully so. But sometimes, some bankruptcy courts are guilty of reading too much into the Court’s statements. The latest example is the soul searching around “nunc pro tunc” (“now for then”) orders. Earlier...

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My life in 1982 was in a bit of turmoil. I had recently gotten married and was working as in-house counsel for a regional furniture retailer. My position included a lot of collection work – beating up on debtors in state and bankruptcy courts. I was not unhappy but I was not comfortable with my work – it was clear...

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A new day is coming to high debt borrowers seeking to file Chapter 13 but confounded by the debt limits imposed by 11 U.S.C. § 109(e). Although debt limits have been increasing since the effective date of the Code in 1979, consumer debts have been increasing at a far more rapid rate. Starting in 2009, when the housing crisis first...

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