Yet Another Arrow in the Quiver of the “Less Than Honest Debtor”?

By Academy Staff

In July of 2016 ConsiderChapter13.org posted an article, “Another Arrow in the Quiver of the ‘Less Than Honest Debtor’.” That article addressed a decision of the Bankruptcy Court for the Eastern District of Tennessee in In re Hurt, 2015 WL 9592064 (Bankr. E.D. Tn. 2015), in which the Court overruled the Trustee’s objection to exemptions. In Hurt, Husband had funds in his individual bank account that exceeded . . .

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City of Chicago v. Fulton And the Turnover Conundrum

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By Kara K. Gendron, Esquire, Mott & Gendron Law (Harrisburg, PA) The recent Supreme Court decision in City of Chicago v. Fulton1 will change the law in most Circuits. Prior to this case, there was a split among the circuits as to whether the post-petition retention of property taken pre-petition constitutes a violation of the automatic stay under §362(a)(3) of...

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Robert G. Drummond

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Robert G. Drummond

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“Can a Debtor avoid a lien when a creditor holds a secured position that preceded the Debtor’s ownership interest . . . ? Judge Michelle Harner, . . . recently addressed this issue.

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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...

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November 15, 2020

By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN) Federal Rules of Bankruptcy Procedure Amendments Effective December 1, 2020 The Judicial Conference proposed, and Congress has not changed, the amendments to the following Federal Rules of Bankruptcy Procedure: Rules 2002, 2004, 8012, 8013, 8015 and 8021. Absent Congressional action, which is not expected, they will be effective at the...

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“Verified as reported.” Three words that kill your client’s dispute—and fuel your next case.

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Critical Case Comment – Punitive Damages? Yep.

Henry E. Hildebrand, III

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Punitive damages can be awarded for a violation of Rule 3002.1 even where there are no compensatory damages, other than attorney’s fees.

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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...

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Yet Another Arrow in the Quiver of the “Less Than Honest Debtor”?

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Related Articles

City of Chicago v. Fulton And the Turnover Conundrum

Trustee’s Broad Duty to Disclose Information to Interested Parties under Section 704(a)(7) of the Bankruptcy Code – Law Review by Jose Cardoz

From the Editor – Attorney Sanctioned

How Late Is Too Late to Object to a Proof of Claim?

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