Reasonable Fees and/or Questionable Attorney

By Marsha M. Brown, Staff Attorney to Chapter 13 Trustee Douglas W. Neway (Jacksonville, FL)

We talk about it daily - emailing issues back and forth as to what is reasonable and what is not. Should every Court have a basic reasonable fee structure or should every attorney be required to file an application to prove the reasonableness of his/her fees. What should be considered as part of those fees and what shouldn’t?

Usually we can work it out and come to an agreement. But, sometimes the parties can’t agree and the Court has to weigh . . .

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Delaware Trustee Michael Joseph to Retire

Paul Chael

March 13, 2022

The debtors will miss him. The creditors will miss him. Even more, his colleagues will miss him. Michael Joseph has served as the Chapter 13 Trustee in Delaware since 1987. He is retiring March 31, 2022. He has served with competence and excellence. The debtors will miss him because he treated them with dignity and compassion. The creditors knew they...

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Trustee’s Broad Duty to Disclose Information to Interested Parties under Section 704(a)(7) of the Bankruptcy Code – Law Review by Jose Cardoz

Edward C. Boltz

October 13, 2024

While this article actually looks at Chapter 11 trustees, there are implications for 13 trustees here as well.

Critical Case Comment

October 18, 2020

By Henry E. Hildebrand, III, Chapter 13 Trustee (Nashville, TN) There is no requirement to show a change in circumstance in order to modify a Chapter 13 plan pursuant to § 1329. Whaley v. Guillen (In re Guillen), 2020 WL 5015287 (11th Cir. Aug. 25, 2020) (Marcus) Case Summary Rachel Guillen filed a Chapter 13 petition in August of 2015....

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Critical Case Comment – How Much Is It Worth – Then/Now?

Henry E. Hildebrand, III

January 22, 2023

On a trustee’s motion to modify a confirmed Chapter 13 plan, Court required debtor to commit funds to unsecured creditors based upon the previously undisclosed equity generated from post-petition sale of property. (Warren) In re Croniser, 2022 WL 3639413 (Bankr. E.D. N.C. August 23, 2022) Case Summary Duane Croniser filed a voluntary petition under Chapter 13 in January of 2020....

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Hold Open But You Gotta Ask

Henry E. Hildebrand, III

July 6, 2025

Failure of Chapter 13 debtor to request meeting of creditors be held open and reconvened at a later time was fatal when the debtor failed to file a tax return on the day prior to the original date set for the meeting of creditors.

Members

The NCBJ Is Turning 100

The Honorable Deborah L. Thorne, The Honorable Kathy A. Surratt-States

April 21, 2024

Judge Deborah Thorne, NDIL, and Judge Kathy Surratt-States, EDMO, on behalf of the NCBJ’s DEI Committee, have written two articles about some of judicial firsts.

A Tribute to Joan Truman

The Academy

December 21, 2025

“She taught us all how it looks to love well by how she lived.”

Bankruptcy’s Eternal Struggle

May 10, 2020

The timeless questions asked by mankind include “why are we here“, “which came first ...” and “coffee or tea“. Bankruptcy lawyers wrestle with “which controls, b-22 or Schedules I and J“. Having argued and lost the Pak case when BAPCPA was new, and felt vindicated when Kagenveama reversed Pak, I have strong opinions.

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Critical Case Comment – Debtor Refuses to Give Location of Surrendered Mercedes; Pleads the Fifth

Henry E. Hildebrand, III

December 26, 2021

Where a Chapter 7 debtor fails to disclose the location of his Mercedes which he intended to surrender, fails to produce documents relating to the ownership of his property, and invokes his Fifth Amendment rights against self-incrimination, the Court appropriately denied the debtor a discharge. (Preston) In re Appleby, 2021 WL 5121854 (Bankr. S.D. Ohio, Nov. 3, 2021) Case Summary...

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A Lasting Impact: My Participation in the Tom Vaughn Memorial Internship Program

Queneshia Fleming

October 29, 2023

I am delighted to be in the inaugural class of the Tom Vaughn Memorial Internship Program for Sylvia Ford Brown, Chapter 13 Standing Trustee for the Western District of Tennessee in Memphis. I truly feel that this internship has been invaluable to the furtherance of my career and the expansion of my knowledge of bankruptcy. I. A Little About Me...

Reasonable Fees and/or Questionable Attorney

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Related Articles

Delaware Trustee Michael Joseph to Retire

Trustee’s Broad Duty to Disclose Information to Interested Parties under Section 704(a)(7) of the Bankruptcy Code – Law Review by Jose Cardoz

Critical Case Comment

Critical Case Comment – How Much Is It Worth – Then/Now?

Hold Open But You Gotta Ask

The NCBJ Is Turning 100

A Tribute to Joan Truman

Bankruptcy’s Eternal Struggle

Critical Case Comment – Debtor Refuses to Give Location of Surrendered Mercedes; Pleads the Fifth

A Lasting Impact: My Participation in the Tom Vaughn Memorial Internship Program

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