Of Tax Refunds, Exemptions, Setoffs, and Roman Gods

By Herbert L. Beskin, Chapter 13 Standing Trustee for the Western District of Virginia (Charlottesville)

If you’re looking for a well-written and clear appellate opinion about a much-litigated topic, with a bit of ancient mythology thrown in for good measure, this HUD’s for you.

The case is Wood v. U.S. Dept. of Housing & Urban Development (In re Larry and Jessica Wood), #20—1161, and the opinion was handed down by the Fourth Circuit Court of Appeals on 4/7/21. The facts are not unfamiliar. The debtors borrowed $39 . . .

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“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...

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Bankruptcy Intersecting with Tevis Equals Malpractice Claim

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Postpetition Borrowing by a Consumer Debtor in Chapter 13 – Part 1 of 2

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