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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Post-Petition Debt Approval/Denial

Henry E. Hildebrand, III

July 7, 2024

It is a valid exercise of the court’s authority to promulgate a local rule requiring Chapter 13 debtors to obtain trustee or court approval prior to incurring any post-petition debt of $10,000 or more like it or not!

Members

Trustees’ Pet Peeves

October 11, 2020

By Mary Viegelahn, Chapter 13 Trustee San Antonio, Texas Although Trustee Viegelahn first produced this list for an ethics panel in 2019, it is a timely heads-up now. This list was gathered from Trustees across the country. Providing ECF credentials to an outside “firm” to allow them to file a bankruptcy for a debtor the attorney has never met or...

Members

Bankruptcy Threshold Adjustment and Technical Corrections Act

Henry E. Hildebrand, III

June 12, 2022

A new day is coming to high debt borrowers seeking to file Chapter 13 but confounded by the debt limits imposed by 11 U.S.C. § 109(e). Although debt limits have been increasing since the effective date of the Code in 1979, consumer debts have been increasing at a far more rapid rate. Starting in 2009, when the housing crisis first...

Members

Expiration of Debt Limits

The Academy

June 23, 2024

Well, they expired . . . As you know, Congress temporarily raised the debt limits for Subchapter V and Chapter 13 debtors. These increased debt limits expired June 21st. For Chapter 13 the maximum is $465,275 for unsecured debt and $1,395,625 for secured debt.

Passing of Sitting Chief Judge

The Academy

December 3, 2023

District of Idaho Announces Passing of Chief Bankruptcy Judge Joseph M. Meier

A Salute to the Consumer Litigation Five Star General

Keith D. Slocum

April 2, 2023

Consumer law attorney, mentor and educator, Oliver Max Gardner III recently announced that he is retiring. His passion, diligent research and unmatched expertise has served as a north star in consumer law for so many of us. From building a community of like-minded enthusiasts through the renowned Bankruptcy Boot Camp and cultivating an army of consumer litigators to fiercely defending...

Critical Case Comment – Listing a Debt “Just in Case”

Henry E. Hildebrand, III

October 29, 2023

An interesting decision – one we would like for you to weigh in on. Did the Judge get it right? Is this a win for Creditors? Is this yet another case that requires more work from Debtors’ Counsel? Let us hear from you.

Members

The Uneasy Co-Existence of Federal and State Consumer Remedies in Bankruptcy Cases – the Fourth Circuit Weighs In

Mark C. Leffler

October 15, 2023

“Why do I need the FDCPA if there’s already a remedy under Rule 3001?” This is what the bankruptcy judge asked me when I brought an adversary proceeding against a claims buyer, alleging potential class claims under both the Fair Debt Collection Practices Act (“FDCPA”) and Bankruptcy Rule 3001(c)(2). The defendant had a business practice of filing high volumes of...

Members

Courts are Expanding the Protections of Bankruptcy Rule 3002.1

Debbie Langehennig, Cameron Kelly

October 9, 2022

As a prerequisite to a claim’s payment, Rule 3002.1 requires certain secured creditors to provide to the trustee and the debtor notice of the full value of the secured creditor’s claim, including any “fees, expenses, and charges” related to the claim. Two bankruptcy courts have demonstrated a willingness to expand the reach of Rule 3002.1’s noticing requirements. These courts generally...

Members

Are Direct Payments by Debtor on Mortgage Considered Payments “Under the Plan” for Purposes of Discharge?

April 28, 2019

By William H. Brown, Adviser to The Academy d/b/a ConsiderChapter13.org In the most recent opinion on the issue, as of this writing, the Court in In re Rivera, 2019 WL 1430273 (Bankr. D. Ariz. Mar. 28, 2019), in perhaps still a minority view, concluded that debtors’ default in making all direct postpetition mortgage payments was not a failure to complete...

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Reasonable Fees and/or Questionable Attorney

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Related Articles

Post-Petition Debt Approval/Denial

Trustees’ Pet Peeves

Bankruptcy Threshold Adjustment and Technical Corrections Act

Expiration of Debt Limits

Passing of Sitting Chief Judge

A Salute to the Consumer Litigation Five Star General

Critical Case Comment – Listing a Debt “Just in Case”

The Uneasy Co-Existence of Federal and State Consumer Remedies in Bankruptcy Cases – the Fourth Circuit Weighs In

Courts are Expanding the Protections of Bankruptcy Rule 3002.1

Are Direct Payments by Debtor on Mortgage Considered Payments “Under the Plan” for Purposes of Discharge?

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