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 . . .

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Household Size in the Projected Disposable Income Calculation

James M. Davis

February 22, 2026

We hope this is not the last we hear from Attorney Davis, but this article concludes our series on the means test. Watch for the webinar recording to post next week. Access is free to subscribers or $39.99 pay per view.

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A Penny for Your Thoughts/$375 for the Notice

Henry E. Hildebrand, III

June 7, 2026

While a creditor holding a mortgage lien on debtor’s principal residence is allowed to supplement its claim by costs, charges, and fees, and may assert these additional costs if the underlying mortgage provides for them, the fees are not awarded unless the notices are required under Rule 3002.1; fees incurred for attorneys preparing notices that are not required by Rule 3002.1 cannot be recovered from the debtor.

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Saldana v. Bronitsky – Point of View

Cathy Moran

December 1, 2024

Stay tuned as next week we will bring you the Counter-Point to Moran’s POV.

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Critical Case Comment– Reverse Mortgage May be Modified

Henry E. Hildebrand, III

May 22, 2022

A reverse mortgage, having fallen due as a result of the death of the borrower, is not protected from modification by the borrower’s heirs by virtue of § 1322(c)(2). (Halfenger) In re Sandoval, 2022 WL 982182 (Bankr. E.D. Wis. March 31, 2022) Case Summary Juan Sandoval filed Chapter 13 and proposed a plan which dealt with his principal asset, a...

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Negotiating Plan Confirmation with Secured Creditors – Issues Involving Balloon Payments and Other Mortgage Loans Subject to Modification Under § 1322(c) – Part 1 of 3

November 8, 2020

By David Cox,1 Cox Law Group, PLLC (Lynchburg, VA) Some Basics about Secured Claim Treatment in Chapter 13 What is a Secured Claim under § 506(a)? Secured by a lien on property of the debtor’s bankruptcy estate. Some value in the property to which the lien may attach. Must be secured by property that is property of the debtor’s bankruptcy...

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No Gracie, LLCs May Not File Chapter 13

M. Jonathan Hayes

July 21, 2024

I did a little digging hoping to find out how in the world anyone could think that an LLC could file chapter 13. After all, chapter 13 can be filed only by an individual(s). Right? Or No??

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Why Flexible Payment Schedules Matter

Katie Keys

May 17, 2026

Paydays can arrive at different times during the month -- weekly, biweekly, monthly. So, why should your Chapter 13 bankruptcy clients be locked into payment schedule that doesn’t give them the financial flexibility they need?

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The Honorable William Houston Brown

June 15, 2025

The Federal Judicial Center has published, online, Judge William H. Brown’s second edition of an overview of Chapter 7 and 13 bankruptcy - Consumer Bankruptcy Law: Chapters 7 & 13, Second Edition

There is NO MORE Form 1040A or 1040EZ – Six New Schedules Some Taxpayers Will File with New Form 1040

March 17, 2019

The 2018 Form 1040 replaces prior year Forms 1040, 1040A and 1040EZ. The 2018 Form 1040 uses a building-block approach that allows individuals to file only the schedules they need with their federal tax return. Many people will only need to file Form 1040 and no schedules. Electronic filers may not notice these changes as the tax software will automatically...

For Shame

The Academy

June 25, 2023

Litigation Practice Group Lawsuits: 4 Cases to Know (This is the only free article we could find on Litigation Practice Group a/k/a Phoenix Law and disbarred Tony Diab. He has been disbarred from both Nevada and California.)

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Related Articles

Household Size in the Projected Disposable Income Calculation

A Penny for Your Thoughts/$375 for the Notice

Saldana v. Bronitsky – Point of View

Critical Case Comment– Reverse Mortgage May be Modified

Negotiating Plan Confirmation with Secured Creditors – Issues Involving Balloon Payments and Other Mortgage Loans Subject to Modification Under § 1322(c) – Part 1 of 3

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Why Flexible Payment Schedules Matter

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