Critical Case Comment

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

When the wages of an insolvent spouse are deposited into the couple’s entireties account, both spouses are fraudulent transferees; wage deposits spent on non-necessary expenditures are recoverable from the joint account by determining the proportion to the overall share of wages in the account as a whole. (Ambro) In re Titus, 916 F.3d 293 (3rd Cir. February 20, 2019)

Case Summary

In 1999, the Pittsburgh law firm of Titus and McConomy dissolved. Paul Titus, a named partner, joined . . .

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Critical Case Comment – Punitive Damages? Yep.

Henry E. Hildebrand, III

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From the Editor – Claims

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By The Honorable William Houston Brown (Retired) Claimant in proof of claim lacking prima facie validity was sanctioned. The proof of claim secured by the debtor’s residence failed to satisfy Rule 3001(c)(2)(C) requirements, including incomplete Form B 410A with no payment history. The claimant’s attempt to amend the claim on the eve of the contested objection to claim would defeat...

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In re Evans: Disgorging Chapter 13 Trustee Fees in Cases Dismissed Prior to Confirmation

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Critical Case Comment

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Postpetition Borrowing by a Consumer Debtor in Chapter 13 – Part 2 of 2

May 12, 2019

By Judge Michael A. Fagone & Career Law Clerk Ciera S. Dye III. Policy Considerations Where the statute does not provide definitive guidance, courts often turn to policy considerations. How do those considerations weigh out here? One answer is that policy considerations cut against imposing any sort of requirement of preapproval for postpetition borrowing by a consumer debtor. Several reasons...

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Certiorai Denied in Evans and Doll

The Honorable William Houston Brown

February 25, 2024

Second Circuit case still pending.

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