Two Final Observations about the SBRA – Part IX

By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN)

Introduction

This series has focused on the four bankruptcy-related bills that were enacted during the 116th Congress and signed into law on August 23, 2019. One bill, the Small Business Reorganization Act of 2019 (SBRA), became effective February 19, 2020. It appears in its entirety in Appendix B to this . . .

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From the Editor – Claims

February 9, 2020

By The Honorable William Houston Brown (Retired) Unreasonable fees for proof of claim. $4,000 fee for private mortgagee’s proof of claim and objection to proposed plan was unreasonable, and creditor was denied recovery of $7,500 attorney fee for responding to debtor’s objection to proof of claim. The Court considered Fannie Mae’s guidelines for maximum fees related to proof of claim...

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What to Do with the Dreaded Timeshare?

August 25, 2019

By Karin N. Amyx, Staff Attorney to the Trustee Carl Davis (Wichita, KS) To me, the word “timeshare” conjures up images of a dark conference room at a resort hotel where unwitting tourists are being goaded into signing usury contracts in exchange for a free meal ticket at the buffet. But what is a timeshare? And how do you deal...

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Bankruptcy Protections Limited for Repeat Filers

January 13, 2019

By William H. Brown, Academy Editor & Advisor The First Circuit held that under § 362(c)(3)(A), upon the repeat filing by Chapter 7, 11 or 13 debtors within one year of dismissal of a prior pending case, the automatic stay terminates entirely on the 30th day after filing of the subsequent case as to the debtor, property of the debtor...

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From the Editor – Claims

June 21, 2020

By The Honorable William Houston Brown (Retired) Objection to proof of claim barred by preclusion. The Chapter 13 debtor objected to Wells Fargo’s proof of claim in an adversary proceeding that alleged the note had been procured by fraud and was unenforceable; but the debtor had previously litigated those and other issues in the state court. Preclusive effect of the...

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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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On More Effective Writing

Erik P. Kimball

January 9, 2022

(Used with permission. First published in the Southern District of Florida Courthouse Beacon, December 2021) Imagine this is an article entitled Wiley Champion, Esq. Instructs How To Win Your Case Every Time. Enticing for sure. You start reading. The opening paragraph needlessly re-states the title, needlessly names the author, who is already mentioned in the title, and then defines the...

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Weighted Caseload: Why It Matters and How It Works and Doesn’t Work

Honorable Brian D. Lynch

December 31, 2023

“Currently, if a district’s weighted caseload is below one-thousand per the number of judges in that district . . . in all probability, recommend that the circuit not replace the judge.”

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Who Gets Grannie’s Cash – Grannie or the Bankruptcy Trustee?

Cathy Moran

February 13, 2022

When there’s a joint bank account and a bankruptcy filing, good intentions can quickly go sour. The bankruptcy trustee sees a pile of money in the bank to which the debtor has access, even though the account also bears the name of someone not in bankruptcy. If the debtor can get the money, the trustee contends, so can a bankruptcy...

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The Dilemma of Non-Filing Claims

Keith Rucinski

July 14, 2024

“The non filing and late filing of claims is a national issue with many jurisdictions struggling to address the issue.” Great article, particularly for creditors/creditor attorneys. Not a subscriber? Click here.

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Reflections from Boston

Dynele Schinker-Kuharich

July 14, 2024

“Attending the NACTT Annual Seminar provided the opportunity to catch up with Chapter 13 colleagues from around the country who are quickly becoming good friends; and to build relationships with colleagues who have recently joined our niche’ of the bankruptcy field.”

Two Final Observations about the SBRA – Part IX

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Related Articles

From the Editor – Claims

What to Do with the Dreaded Timeshare?

Bankruptcy Protections Limited for Repeat Filers

From the Editor – Claims

A Penny for Your Thoughts/$375 for the Notice

On More Effective Writing

Weighted Caseload: Why It Matters and How It Works and Doesn’t Work

Who Gets Grannie’s Cash – Grannie or the Bankruptcy Trustee?

The Dilemma of Non-Filing Claims

Reflections from Boston

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