Lac Du Flambeau Band of Lake Superior Chippewa Indians et al. v. Coughlin Supreme Court rules in favor of borrower of tribal loan –Chapter 13 stay applies.  Justices reject tribal immunity from bankruptcy stay.

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee When the wages of an insolvent spouse are deposited into the couple’s entireties account, both spouses are fraudulent transferees; wage deposits spent on non-necessary expenditures are recoverable from the joint account by determining the proportion to the overall share of wages in the account as...

By Merideth Akers, CPA, PHR, Comptroller for Bradford W. Caraway (Birmingham, AL) I have taught Compensation and Benefits to candidates preparing to take the Professional in Human Resources certification exam. These two topics include a great amount of employment law. So, I know just enough about employment law to be scared… or maybe cautious is a better term. I am...

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN) In order for a bankruptcy court to impose sanctions for contempt, Taggart compelsa finding of a violation of a clear and unambiguous order; the bankruptcy court lacks inherent power to issue punitive sanctions under Rule 3002.1. (Jacobs) PHH Mortgage Corporation v. Sensenich, 6 F.4th 503 (2nd Cir. August 2,...

A referral fee by retained special counsel paid to debtor’s attorney violates the prohibition in § 504 in that it constitutes an unauthorized splitting of attorney’s fees. (Williamson) In re Davis, 638 B.R. 198 (Bankr. M.D. Fla. March 31, 2022) Case Summary Four years after Lisa Davis filed her Chapter 13 petition, she was involved in an auto accident resulting...