Beyond Professional Ethics

By Merideth Akers, CPA, PHR, Comptroller forBradford W. Caraway (Birmingham, AL)

I am a Certified Public Accountant (CPA) and a Professional in Human Resources (PHR). I suspect that many who read this article are Licensed Attorneys. Others may hold a certification from other professions. These entities have their own rules of professional ethics and conduct that govern what we are to do, and what we are not to do. But a true code of ethics goes beyond any rules of a professional association. A true code of ethics is not just what we do, but who we are . . .

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Brace & Beyond: Joint Tenancy & Transmutation

November 8, 2020

By Cathy Moran, Esq., Moran Law Group (Redwood City, CA) For Californians, the CA Supreme Court’s decision in Brace this summer upended our understanding of joint tenancy and community property. For decades, we “knew” that a property couldn’t be . . . It looks like you are not signed in or registered! This content is only available to members. Join...

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From the Editor

March 17, 2019

By Wm. Houston Brown, United States Bankruptcy Judge (Retired) Confirmation - Trustee’s “double-dipping” objection to above-median confirmation denied. The trustee objected to confirmation based on above-median debtor deducting the IRS Local Standard housing deduction when the actual mortgage expense was on a marital residence owned by the debtor’s nonfiling spouse, while also claiming the marital adjustment for the spouse’s income...

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Senior Headaches Caused by Junior Liens: Lien Stripping Under § 522(f)

Arya Omshehe, The Honorable John P. Gustafson

October 13, 2024

“In evaluating lien avoidance, we often default to the most common scenario: a first mortgage, perhaps a second mortgage, and the debtor’s homestead exemption. The question then becomes, is the total of these obligations more than the value of the property? If so, the judicial liens are avoided. If not, the judicial liens are either partially avoidable or fully secured.But that’s not quite how it works.” What a treat!!!! With no tricks. Judge Gustafson and Law Clerk Omshehe bring subscribers an in-depth look at the sexy topic of stripping.

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Lawyers are People Too: An Interview with Aki Koyama, Staff Attorney to Chapter 13 Standing Trustee Kathy Dockery

M. Jonathan Hayes

March 27, 2022

(Used with permission,Volume 1, Issue 3:3 6 March, 2022 cdcbaa) Jon: Hi Aki. I can’t believe after knowing you for 30 years now that I don’t know where you were born. Aki: Ha! I was born in Tokyo, Japan although we moved to California when I was about one. We’ve been here ever since. Jon: Why the move? Aki: Well,...

Critical Case Comment – Hell Hath No Fury, Until It Meets the S.D. of PA

Henry E. Hildebrand, III

July 31, 2022

Chapter 13 debtor’s profligate, pre-petition spending and post-petition lack of candor, demonstrated that the plan was not proposed in good faith and the petition was not filed in good faith. (Frank) In re Ames, 2022 WL 2195469 (Bankr. E.D. Pa. June 17, 2022) Case Summary In April of 2018, after 10 years of marriage, Guy Ames initiated a divorce complaint...

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From the Editor – Claims

May 16, 2021

By The Honorable William Houston Brown (Retired) Unpaid filing fee in prior case was unsecured claim. The Chapter 13 trustee moved for authority to pay unpaid filing fee from prior case, but Court denied that to the extent the motion sought payment ahead of unsecured creditors. The unpaid filing fee was nothing more than a general unsecured claim in the...

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Escrow 101 and 102

Michael J. McCormick, Esq.

August 13, 2023

In the fall of 2021, Michael McCormick provided subscribers with an EXCELLENT, expository, seven-part outline on mortgage escrow. This information is just as relevant today as when we first published it with one important update . . . When the next escrow analysis is performed and the servicer has received less than 12 payments of escrow (and often zero, as is often the case after the borrower received a forbearance during the COVID pandemic), the escrow balance will be far less than anticipated!!

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Unmet Installments Means Dismissal for Pro Se

Henry E. Hildebrand, III

August 18, 2024

Failure of a pro se debtor to pay the third installment of filing fees justifies dismissal of the case; debtor’s failure to submit a brief in compliance with Rule 8014 justifies a 180-day bar on refiling.

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Substantial Contribution Claims

June 9, 2019

By Nicholas Miller, Third-Year Student, University of Texas School of Law, and Madison Haueisen, Second-Year Student, University of Texas School of Law The second issue at hand in this year’s Duberstein moot court problem involves a matter of statutory interpretation—specifically, whether §503(b) of the Bankruptcy Code allows a creditor to recover costs and expenses incurred in making a substantial contribution...

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From the Editor – Discharge Injunction

May 31, 2020

By The Honorable William Houston Brown (Retired) Application of Taggart to lien avoidance. When the Chapter 13 confirmed plan bifurcated the secured creditor’s claim and the secured portion had been paid in full with interest, the completion of payments voided any lien, and the creditor violated the discharge injunction by commencing foreclosure. The Panel found the plan’s language, although “inartful,”...

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Beyond Professional Ethics

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Related Articles

Brace & Beyond: Joint Tenancy & Transmutation

From the Editor

Senior Headaches Caused by Junior Liens: Lien Stripping Under § 522(f)

Lawyers are People Too: An Interview with Aki Koyama, Staff Attorney to Chapter 13 Standing Trustee Kathy Dockery

Critical Case Comment – Hell Hath No Fury, Until It Meets the S.D. of PA

From the Editor – Claims

Escrow 101 and 102

Unmet Installments Means Dismissal for Pro Se

Substantial Contribution Claims

From the Editor – Discharge Injunction

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