From the Editor

By The Honorable William Houston Brown (Retired)

Debt buyer was debt collector under FDCPA. The Ninth Circuit agreed with the Third Circuit that an entity purchasing consumer debts qualified as a debt collector under the Act, 15 U.S.C. § 1692(a)(6), even though it outsourced the actual debt collection activity. McAdory v. M.N.S. & Assoc., LLC, 952 F.3d 1089 (9th Cir. 2020).

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Parker, HOA, and Sanctions – Multiple Thrills to a Bankruptcy Lawyer’s Heart

May 2, 2021

By Cathy Moran, Esq., (Redwood City, CA) I don't know just what makes Parker such a treat for me, but it delivers multiple thrills to my bankruptcy lawyer heart. It's a stay violation case with a BIG sanctions award. It's a clearly, simply written opinion that lays out the circuit law on multiple issues. It hits hard at HOA hubris....

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Fraud Imputed to Partner – Bartenwerfer v. Buckley

The Honorable William Houston Brown

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On February 22, the Supreme Court issued its opinion in Bartenwerfer v. Buckley, 598 U.S. _____, 2023 WL 2023 WL 2144417 (Feb. 22, 2023), affirming the Ninth Circuit’s decision and resolving “confusion in the lower courts on the meaning of § 523(a)(2)(A).”1 Two Justices joined the opinion with the understanding that the Court was only addressing fraud in the context...

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2022 Bankruptcy Procedure Year in Review: Revised Statute and Rules and Selected Cases – Part 1 Amended Statute and Rules Amendments Not Related to SBRA

Lawrence R. Ahern, III

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Introduction This year sees changes in the Code and numerous new and amended Rules of BankruptcyProcedure that are to be effective December 1. The statutory amendments and the changes in therules that do not relate to cases under subchapter V of Chapter 11 are summarized below. They will be followed, by a digest of other new and amended rule and...

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Critical Case Comment–“No Realistic Future Prospects”

Henry E. Hildebrand, III

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A 34-year-old Chapter 7 debtor could discharge his student loan obligation by establishing that he could not reasonably make payments on the balance, could not maintain a reasonable standard of living, and because the expiration of his payment term had already passed, his standard of living was likely to persist, with no realistic future prospects. (Silverstein) In re Wolfson, No....

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Robert B. Branson, Tammy Branson

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The Justice Department, in partnership with the Department of Education, recently announced new guidelines that loosen the strict application of the “undue hardship” exceptionwhen defending a student loan dischargeability action. This new guidance is a game changer. In the past the Department of Justice narrowly applied the undue hardship exception when defending discharge of student loans to the extent that...

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Why Listening Is a Bankruptcy Lawyer’s Superpower

Cathy Moran

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The initial meeting with a prospective bankruptcy client is the most important work I do as a bankruptcy lawyer. It’s also the hardest.

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April 2, 2023

Section in 109(g)(2) of the Bankruptcy Code bars a debtor from filing a new case for 180 days if the Debtor voluntarily dismisses a case “following” a motion for relief. Not surprisingly, courts are split on how they interpret the word “following” as used in § 109(g)(2). After all, the word “following” is not limited to one definition, or even...

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IRS Warns of Impersonation Email Scam; Reminds Taxpayers IRS Does Not Send Unsolicited Emails

August 25, 2019

On 8/22/19 the IRSe and its Security Summit partners warned taxpayers and tax professionals about a new IRS impersonation scam campaign spreading nationally on email. Remember: the IRS does not send unsolicited emails and never emails taxpayers about the status of refunds. The IRS detected this new scam as taxpayers began notifying [email protected] about unsolicited emails from IRS imposters. The...

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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.

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Meet New Trustee Brian Tucci

Nicole P. Novak

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In April, Brian Tucci started his appointment as the Chapter 13 Standing Trustee for Baltimore, Maryland. He is a native Marylander with deep roots in the Maryland bankruptcy community. Brian succeeded the late Robert S. Thomas, II and Robert’s predecessor, the late Ellen Crosby. Brian earned his undergraduate degree at the University of Maryland and his J.D. at Western Michigan...

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Parker, HOA, and Sanctions – Multiple Thrills to a Bankruptcy Lawyer’s Heart

Fraud Imputed to Partner – Bartenwerfer v. Buckley

2022 Bankruptcy Procedure Year in Review: Revised Statute and Rules and Selected Cases – Part 1 Amended Statute and Rules Amendments Not Related to SBRA

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