From the Editor

From the Editor – Confirmation

By The Honorable William Houston Brown (Retired)

Good faith in plan proposal. Plan was proposed in good faith, although petition was filed only 21 days after purchase of vehicle, when plan adequately protected creditor against risk of depreciation. Opinion reviews good faith factors for plan proposal. In re Sharp, 608 B.R. 546 (Bankr. D. Kan. 2019). Compare In re Broder, 607 B.R. 774 (Bankr. D. Maine 2019) (Retention of luxury boat while proposing to pay only 14% to unsecured creditors, along with other schedule issues, was evidence of bad faith, preventing confirmation.).

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September 20, 2020

By The Honorable William Houston Brown (Retired) Chapter 13 debtors’ FDCPA claim was not “related to” bankruptcy case. After reopening closed case, the debtors filed adversary complaint against mortgage holders and servicers, alleging various claims for violation of discharge injunction, automatic stay and FDCPA. The complaint plausibly pleaded elements required for §§ 362(k) and 524(i), but the claims under FDCPA...

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Six Things Taxpayers Should Know About the Sharing Economy and Their Taxes

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From renting spare rooms and vacation homes to car rides or using a bike…name a service and it’s probably available through the sharing economy. Taxpayers who participate in the sharing economy can find helpful resources in the IRS Sharing Economy Tax Center on IRS.gov. It helps taxpayers understand how this activity affects their taxes. It also gives these taxpayers information...

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Henry E. Hildebrand, III

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A creditor having received relief from the automatic stay prior to confirmation of the debtor’s plan is nonetheless bound by the terms of the plan, once confirmed.

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Critical Case Comment

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By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of TN (Nashville) In awarding attorneys’ fees in a Chapter 13 case, a court is not limited to establishing the fee by use of the lodestar method; fees for services rendered should be based on the reasonable and customary fees charged by other attorneys performing the same...

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Judicial Year in Review 2021: A Quick Look at Revised Rules and Selected Case – Part 2 Selected Cases under Parts I-III of the Federal Rules of Bankruptcy Procedure

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By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN) Introduction Following Part 1's review of the December 1, 2021, changes in the Federal Rules of Bankruptcy Procedure, this Part 2 presents a digest of selected judicial decisions of interest for their procedural import arising under Parts I-III of the Federal Rules of Bankruptcy Procedure. Digest of Selected Judicial Decisions

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Evidentiary Issues Arising from Attempts to Prove Alleged “Facts” Stated in The Monster Mash

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By Alexander Schmidt1, Law Clerk, and The Honorable John P. Gustafson, United States Bankruptcy Court for the Northern District of Ohio (Toledo) You have never heard – or seen – the Monster Mash. What have you heard, is a song ABOUT the Monster Mash. Let that sink in for a minute. Inevitably, that leads to the obvious question: What facts...

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From the Editor – Confirmation

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From the Editor

Six Things Taxpayers Should Know About the Sharing Economy and Their Taxes

ABI Commission on Consumer Bankruptcy – Collateral Repossessed Pre-Petition

The Brunner Student Loan Hardship Test: Alive and Well in The Big Apple

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Judicial Year in Review 2021: A Quick Look at Revised Rules and Selected Case – Part 2 Selected Cases under Parts I-III of the Federal Rules of Bankruptcy Procedure

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