Critical Case Comment

-

Link to Post:

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville)

When Chapter 7 debtors’ counsel bifurcated services and “factored” the fees due for post-petition services and failed to adequately disclose the arrangement, the attorney violated § 329; the business of “factoring” of obligations owed to debtors’ counsel constituted an impermissible splitting of fees. (Michael) In re Roberta Ellarae Wright, et al, 2018 WL 4211570 (Bankr. N.D. Okla. Sept. 4, 2018)

Case Summary

Judge Michael consolidated 17 Chapter 7 cases, all filed by the same debtors’ counsel, to determine whether . . .

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.

Related Articles

NBR cropped 2

Ask Ms. Ps & Qs

July 6, 2025
Here’s the question: Can an attorney who speaks only English represent a non-English speaking client? Ms. Ps & Qs fully answers this important question.
View Article
Members
image

Passing of Chief Judge – Central District of California

May 11, 2025
Chief Judge Theodor C. Albert passed away suddenly on May 5th. Our condolences to his family, friends, and colleagues.
View Article

From the Editor

March 17, 2019
By Wm. Houston Brown, United States Bankruptcy Judge (Retired) Confirmation - Bankruptcy court could not sua sponte object to confirmation. Distinguishing between “self-executing” provisions of the Code and those sections that were not “self-executing,” and discussing Espinosa’s impact on that distinction, District Court held that the bankruptcy court could not sua sponte object to confirmation based on the above- median...
View Article
Members

Tax Form 1099 Needs A Closer Look: Chances Are It’s Wrong

April 14, 2019
By William J. Purdy, III, Simmons & Purdy (Soquel, CA) Hundreds of thousands of taxpayers in the past few weeks have looked at or at least thought about, Form 1099-A or Form 1099-C documents they have received. Some arrived in the tax year a debt was allegedly cancelled. Others are issued by financial instructions many years after they should have...
View Article
Members
DeCarlo01

Post-Petition Equity in Chapter 13 – Who Gets The $$$

October 2, 2022
So, what happens to post-petition appreciation of assets during a Chapter 13? Does the Debtor get to keep the money? Or does the Chapter 13 Trustee get it for the benefit of creditors? That was the question for the Court in In re Klein, 2022 WL 3902822 (Bankr. D. Colo. 2022). The question in Klein is a bit different than...
View Article
Members

Kellner Retires

September 29, 2019
By Academy Staff Jeffrey M. Kellner graduated from THE Ohio State University in 1975. Between then and entering law school, Jeff worked in Montana for the park service. He graduated from Capital University College of Law in 1985. After law school, he worked for two years as a law clerk for Judge Calhoun in Columbus, OH. He then went to...
View Article
Copy of Hildebrand-2016

Critical Case Comment – Hell Hath No Fury, Until It Meets the S.D. of PA

July 31, 2022
Chapter 13 debtor’s profligate, pre-petition spending and post-petition lack of candor, demonstrated that the plan was not proposed in good faith and the petition was not filed in good faith. (Frank) In re Ames, 2022 WL 2195469 (Bankr. E.D. Pa. June 17, 2022) Case Summary In April of 2018, after 10 years of marriage, Guy Ames initiated a divorce complaint...
View Article
Members
Copy of Hildebrand-2016

Critical Case Comment – Pigs Get Fat/Hogs Get Slaughtered

March 19, 2023
Below-median Chapter 13 debtor bears the burden of justifying a plan longer than three years as confirmation of a five-year plan would be denied as providing insufficient justification to exceed three years. (Robinson) In re Ingram, 2023 WL 2529730 (Bankr. N.D. Ala. March 15, 2023) Case Summary Danny Ingram filed four bankruptcy cases over 20 years. He was single with...
View Article
Members

In re Fulton: Seventh Circuit Affirms Its Position with Majority of Circuits on Passive Retention of Property as Violation of Sections 362 and 542

June 30, 2019
By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN) Introduction In In re Fulton,1 the Seventh Circuit has restated its position on passive violation of the automatic stay, holding that failure by the City of Chicago to turn over impounded vehicles after the owners' bankruptcy filings violated Bankruptcy Code sections 362 and 542. Fulton – Background and Ruling The...
View Article
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...
View Article
Members

Looking to Become a Member?

ConsiderChapter13.org offers a forum to advance continuing education of consumer bankruptcy via access to insightful articles, informative webinars, and the latest industry news. Join now to benefit from expert resources and stay informed.

Webinars

These informative sessions are led by industry experts and cover a range of consumer bankruptcy topics.

Member Articles

Written by industry experts, these articles provide in-depth analysis and practical guidance on consumer bankruptcy topics.

Industry News

The Academy is the go-to source for the latest news and analysis in the Chapter 13 bankruptcy industry.

To get started, please let us know which of these best fits your current position:

Attorney
Trustee
Non-Profit
Government