Late-Filed Secured Claims After the 12/01/2017 Rule Changes

By Beverly M. Burden, Chapter 13 Trustee (Lexington, KY)

A secured proof of claim filed after the bar date is disallowed under 11 U.S.C. § 502(b)(9) when objected to, according to the Bankruptcy Court for the Eastern District of Kentucky, even if the claim is provided for in a confirmed chapter 13 plan.1

In Hatter-Brewster, there was no dispute that the claim of McClusky Chevrolet was a “910-claim,”2 and the confirmed plan provided that the claim would be paid in full . . .

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Chapter 13 Practice in the Time of COVID-19

March 22, 2020

By Alex Schmidt, Law Clerk to the Honorable John P. Gustafson., Northern District of Ohio at Toledo As the United States begins the process of coming to grips with COVID-19, those who work in the consumer bankruptcy world are going to have to roll with the punches thrown by a global pandemic that is already creating financial chaos throughout the...

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From the Editor – Claims

February 9, 2020

By The Honorable William Houston Brown (Retired) Unreasonable fees for proof of claim. $4,000 fee for private mortgagee’s proof of claim and objection to proposed plan was unreasonable, and creditor was denied recovery of $7,500 attorney fee for responding to debtor’s objection to proof of claim. The Court considered Fannie Mae’s guidelines for maximum fees related to proof of claim...

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Ask Ms. Ps & Qs

Nancy B. Rapoport

February 18, 2024

This month, Prof. Rapoport looks at the question: What should happen when the Rule 2016 statement on compensation conflicts with the SOFA #16?

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Georgia Attorney Sanctioned in Debtor’s Seventh Chapter 13 Case

M. Jonathan Hayes

September 8, 2024

Apparently, seventh time’s the harm. In this case, aggressive lawyering’ crosses the line.

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HELOC Lender’s Rule 3002.1 Charges Pass the Test

Henry E. Hildebrand, III

December 15, 2024

Home equity lender may assess a monthly fee against a debtor’s plan for its compliance with Rule 3002.1 notice of fees charged by HELOC lender’s attorney’s preparation of monthly notices of payment changes and fees authorized by Rule 3002.1. This article is a detailed description of a case Attorney Bonial discusses in Part 2 of Debtor Attorneys Were Gobsmacked!!

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Word to the Wise: Failure to Properly Notice a Creditor Is Bad!

M. Jonathan Hayes

April 7, 2024

When the debtor fails to properly schedule a creditor in an asset case, is the now non-dischargeable debt under § 523(a)(3) limited to the amount the creditor would have received had it filed a proof of claim?

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Appendix – A Review of Residential Mortgage “Stripping,” Recent Developments and the Effect of 11 U.S.C. § 1111(b)

July 18, 2021

A Brief Summary of "Strip Down" and "Strip Off" Rules Lawrence R. Ahern, III Brown & Ahern Nashville, Tennessee Most Academy readers do not need an in-depth primer on lien-stripping, but this Appendix is designed to provide a high-level summary of the most important rules involved, as interpreted by the courts since enactment of the Bankruptcy Code and as affected...

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Three Last Things Trustees Should Know About the Small Business Reorganization Act of 2019 – Part V

November 17, 2019

By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN) Introduction This series focuses on four bankruptcy-related bills that were enacted during the 116th Congress and signed into law on August 23, 2019.1 One bill, the Small Business Reorganization Act of 2019 (SBRA),2 appears in its entirety in Appendix B to this series and was summarized in

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Brace & Beyond: Joint Tenancy & Transmutation

November 8, 2020

By Cathy Moran, Esq., Moran Law Group (Redwood City, CA) For Californians, the CA Supreme Court’s decision in Brace this summer upended our understanding of joint tenancy and community property. For decades, we “knew” that a property couldn’t be . . . It looks like you are not signed in or registered! This content is only available to members. Join...

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Lisa L. Lambert Appointed as U.S. Trustee for the Northern and Eastern Districts of Texas

The Academy

December 1, 2024

Lisa L. Lambert has been appointed by Attorney General Merrick B. Garland as the U.S. Trustee for the Northern and Eastern Districts of Texas (Region 6). Lambert replaces Kevin M. Epstein, who filled the Region 6 role in an interim capacity and who continues to serve as the U.S. Trustee for the Southern and Western Districts of Texas (Region 7).