It Takes a Village

By Katherine B. Brewer, Esq. (Westerville, OH)

One of the first things we focus on in law school (other than the Rule Against Perpetuities, which always brings back fond memories), is that our clients come first.

We learn the complexities of the law, memorize rule statements, and read thousands of pages of case law in order to learn how best to serve our clients. We take hours of professional responsibility classes on how to deal with clients, potential clients, court systems and how to generally be a good lawyer. We all know that studying to be a lawyer . . .

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Critical Case Comment – Pre to Pre and Post to Post

Henry E. Hildebrand, III

March 5, 2023

Mortgage loan servicer violated mortgage agreement with debtor, the automatic stay, the confirmation order and Rule 3002.1 by applying debtor’s post-petition monthly mortgage payments pursuant to the contractual terms of the loan, thereby applying post-petition payments to the debtor’s pre-petition mortgage arrearage. (Cary) In re Pope, 647 B.R. 597 (Bankr. D. N.H. August 15, 2022) Case Summary In November of...

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Vesting Victories: Chapter 13 Debtors Shielded Against Unlisted Asset Claims

Henry E. Hildebrand, III

August 25, 2024

Once a Chapter 13 case is completed and the debtor receives a discharge, the trustee cannot seek to reopen the case for the purpose of grabbing an undisclosed, prepetition asset and then converting the case to a Chapter 7 so it could be administered.

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Is 1328(i) Ultimately Terrible for Debtors?

February 7, 2021

By Ken Siomos, Staff Attorney for Marsha L. Combs-Skinner (Newman, IL) The December 2020 Consolidated Appropriations Act, 2021, more commonly known as the second covid-19 stimulus bill, contains a few bankruptcy related provisions, but none stood out more with respect to Chapter 13 than the newly created § 1328(i). This provision provides that a court may grant a full 1328(a)...

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Small Business Reorganization Act…(“SBRA”) H.R. 3311 – Part Three

October 6, 2019

By Jan Hamilton, Chapter 13 Standing Trustee (Topeka, KS) Click here for Part One Click here for Part Two What needs to be in a plan filed in a case under the SBRA? Start with the statute…1 A. Contents of Plan2 Comparison of “Contents . . . It looks like you are not signed in or registered! This content is...

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Constitutional Interpretation and State Bankruptcy Laws: Chief Justice Marshall on Sturges v. Crowninshield (1819)

M. Jonathan Hayes

March 31, 2024

Launching a new feature - Supreme Court Corner - Jon Hayes will periodically share a look at a historical bankruptcy case. As the title indicates, Sturges v. Crowninshield looks at state bankruptcy law in the absence of federal law.

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Representing Elderly Clients in Bankruptcy – Part 1 of 3

January 5, 2020

By David Cox,1 Cox Law Group, PLLC (Lynchburg, VA) Overview Filing considerations. Perfect Storm! Pensions going down. Healthcare costs going up. Home Equity high. Medical debts increasing. Limited income. Common considerations. Embarrassment. Many of the elderly are from a generation which regards bankruptcy as an indication of moral failure and shame. Confidentiality. May not want family members, including a spouse,...

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New Fellows of American College of Bankruptcy

December 15, 2019

By William H. Brown, Editor and Advisor, Academy for Consumer Bankruptcy Education, Inc. (d/b/a ConsiderChapter13.org) Members of the Academy and regular speakers at NACTT’s annual seminars were recently elected as Fellows of the American College of Bankruptcy, representing recognition by the College of the important contributions by those in the consumer bankruptcy system. Newly elected Fellows, who are to be...

Tell the Story

May 16, 2021

By Cathy Moran, Esq., (Redwood City, CA) Have I got a story for you. A rousing tale of schedules, hearings, frustrations, and ultimately fortunes, traceable to a good story in the fee application. Maybe that's a bit overblown, but I'm telling this story with a purpose. Good stories lead to fair compensation for bankruptcy attorneys. Fee applications aren't hard Filing...

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Atlanta Debtor Attorney/Firm Sanctioned

The Academy

August 11, 2024

From Page 4 of Memorandum and Order “Because Kakol’s representation of Debtor in this case fell drastically below the standard for acceptable representation of individual debtors in chapter 13 cases as discussed in greater detail below, he and the Kakol Firm will be sanctioned as follows: (1) they will be required to disgorge any and all fees paid in connection...

Pay Down Debt or Save – Which Should Come First?

Cathy Moran

August 25, 2024

Pay off debt first or start saving now? A question you, as a debtor attorney, are often asked. It’s a debate almost as convoluted as which came first, the chicken or the egg?

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