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

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

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.

It analyzes when a claim arises.

It looks at surrender and vesting, mysteries near and dear to my heart.

And it's . . .

It looks like you are not signed in or registered! This content is only available to members.

Or Sign In Below:

No Author Biography has been linked to this Article.

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...

Members

One Woman’s Opinion

December 13, 2020

By Margaret A. Burks, Chapter 13 Standing Trustee for the Southern District of Ohio (Cincinnati) Chapter 13 works. Some people wish to continually criticize Chapter 13. They criticize the success rate. They criticize racial bias. They criticize how Chapter 13 works. They also criticize the fact that Chapter 13 appears less voluntary than it was before access to Chapter 7...

Critical Case Comment – Present Tense in § 544(b)

Henry E. Hildebrand, III

February 19, 2023

When case converts from Chapter 13 to Chapter 7, the Chapter 7 trustee is not limited to the valuation of the debtor’s home as stated on the original schedules and may capture the increase in equity resulting from the property’s appreciation. (Dales) In re Adams, 2022 WL 2079725 (Bankr. W.D. Mich. June 9, 2022) Case Summary Matthew and Katherine Adams...

Members

Millions of ITINs Set to Expire in 2019; IRS Says Renew Early to Prevent Refund Delays

June 23, 2019

Nearly 2 million Individual Taxpayer Identification Numbers (ITINs) are set to expire at the end of 2019 as the IRS continues to urge affected taxpayers to submit their renewal applications early to avoid refund delays next year. “We urge taxpayers with expiring ITINs to take action and renew the number as soon as possible. Renewing before the end of the...

2019 Legislation Affecting Bankruptcy Practice

August 18, 2019

By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN) PART I Overview Introduction Four bankruptcy-related bills have been passed by both the House and the Senate this term. The legislation was sent to the President for signature on August 13, 2019.1 The bills were not controversial and had bipartisan support. The legislation affects both business and consumer cases. One...

Members

Of Grace Periods and Mortgage Payments

Cathy Moran

January 23, 2022

The no man's land between the mortgage due date and late payment is a persistent trouble spot for Chapter 13 practitioners. Are there arrears when the case is filed during the grace period and the payment made before it was late? In Borre, Judge Ronald Sargis of ED CA said no. He held that the payment was not in default...

Members

Escrow 102 – Part 2 of 4

October 3, 2021

By Michael J. McCormick, Esq., McCalla Raymer Leibert Pierce, LLC (Roswell, GA) Escrow 101 - Part 1 Escrow 101 - Part 2 Escrow 101 - Part 3 Escrow 102 - Part 1

Members

The Case of the Naked Client

Cathy Moran

December 10, 2023

“The bankruptcy petition came to my desk for review with no entry for “clothing and wearing apparel”. Funny, I think I’d remember if I’d interviewed any naked people lately.” Although filled with Attorney Moran’s wit, there is an important lesson here! Feel free to add your own ‘naked client’ story in the comments section below the article.

Members

From the Editor – Dismissal

August 2, 2020

By The Honorable William Houston Brown (Retired) Dismissal with 180-day bar affirmed. The debtors had filed eight Chapter 13 cases over eight years, with each dismissed, and in 2019 the spouses filed three more cases. A mortgage creditor moved for relief from the automatic stay and dismissal in each of the cases. The cases were dismissed with a 180-day bar...

Members

ABI Commission on Consumer Bankruptcy – Judicial Estoppel

June 30, 2019

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN) Over the past twenty years, the judicial estoppel doctrine has had a significant impact on people who file bankruptcy. Judicial estoppel has grown to be a significant issue within the consumer bankruptcy system. The Commission was asked to address it. Judicial estoppel is a doctrine created to protect the...

Members