From the Editor

By Wm. Houston Brown, United States Bankruptcy Judge (Retired)

Debtor’s Attorney - Chapter 13 no-look fee subject to Hawai’i’s general excise tax. Construing the State’s excise tax, the Chapter 13 debtor’s attorney could not collect the required excise tax in addition to the agreed upon no-look fee. The district’s Rights and Responsibilities Agreement between debtor and attorney did not contain provision for the excise tax to be passed on the client or the bankruptcy estate. In re Anderson, _________B.R._________, 2018 WL 6445718 (Bankr. D. Hawai . . .

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

Copy of Hildebrand-2016
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...
Members
May 5, 2019
By Judge Michael A. Fagone & Career Law Clerk Ciera S. Dye Although our Nation’s bankruptcy laws are uniform, chapter 13 practice in our Nation’s bankruptcy courts varies to a significant extent in the different judicial districts. One example of this variation is the treatment of postpetition borrowing by a consumer debtor in chapter 13.i Neither the Bankruptcy Code nor...
Members
moran_cathy
August 27, 2023
The bankruptcy means test, designed to keep people out of bankruptcy, has a fatal weakness. . . . it’s health care.
Members
NBR cropped 2
June 25, 2023
Dear Readers: By now, I’m hoping that all of you are aware of the sad story of the plaintiff’s lawyers in Mata v. Avianca, Inc., Case No. 22-cv-1461 (PKC) (S.D.N.Y).  Lawyer A used ChatGPT to “research” a brief; Lawyer A was not admitted in the jurisdiction, so Lawyer B (same firm) entered a notice of appearance; Lawyer B filed Lawyer...
Members
Copy of Hildebrand-2016
July 23, 2023
Post-petition voluntary contributions to a 401(k) are not reasonably necessary expenses and are thus included in disposable income in calculating a debtor’s Chapter 13 plan.  (Freeman) In re Saldana, 2023 WL 3483241 (N.D. Cal. May 15, 2023) Case Summary In April of 2022, Jorden Marie Saldana filed a voluntary petition under Chapter 13.  Ms. Saldana was single with no dependents...
Members
March 24, 2019
By Wm. Houston Brown, United States Bankruptcy Judge (Retired) Discharge - Section 523(a)(8)(A)(ii) does not include “loan.” Denying Navient’s motion to dismiss debtors’ complaint, reviewing the split of authority on whether § 523(a)(8)(A)(ii)’s “educational benefit” included loans, and finding no controlling authority in the Tenth Circuit, the Court concluded that Congress made a distinction between “loan” in § 523(a)(8)(A)(i) and...
Members
August 22, 2021
By Cathy Moran, Esq., (Redwood City, CA) When a married couple books a bankruptcy consultation, you have an immediate problem: There be dragons, as early map makers helpfully provided. Because, as a lawyer friend of mine says: Anytime there are two people sitting across from you, you have a conflict of interest. That pithy expression has stuck with me and...
Members
July 26, 2020
By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville) Chapter 13 debtor may include a provision in the Chapter 13 plan that only estimates the duration of the plan and, absent an objection, such provision would cause the debtor’s plan to terminate and the debtor receive a discharge when the claims have been...
Members
Copy of Hildebrand-2016
March 10, 2024
Punitive damages can be awarded for a violation of Rule 3002.1 even where there are no compensatory damages, other than attorney’s fees.
Members
January 12, 2020
By Herbert L. Beskin, Chapter 13 Trustee for the Western District of Virginia (Charlottesville) The Seventh Circuit thought that it had finished dealing with the intersection of cars, fines, Chapter 13, and the City of Chicago when it rendered its decision earlier in 2019 in “Steenes I.” In re Steenes, 918 F.3d 554 . Alas, it was not to be,...
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: