How To Manage Incompetent, Unprepared, and Negligent Bankruptcy Counsel

Previously the Emeritus Trustees (“ETC”) were asked to comment on “How to Manage Unprofessional and Discourteous Attorneys”. We now turn to ETC to share their collective wisdom when addressing the issues raised by incompetent, unprepared, and negligent bankruptcy counsel.

Chapter 13 Trustees are required to administer cases in accordance with the duties set forth in 11 U.S.C. Sec. 1302 and the Handbook for Chapter 13 Trustees, Chapter 3. (Handbook October 1, 2012). These duties include a requirement to screen . . .

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The NACTT Emeritus Trustees

Former Chapter 13 Standing Trustees

The NACTT Emeritus Trustee Committee is made up of former Chapter 13 Standing Trustees from all over the country: Michael Joseph, Isabel Balboa, Carl Bekofske, Herb Beskin, Chuck DeHart, Pete Fessenden, Mike Fitzgerald, Barb Foley, Nancy Grigsby, Mary Grossman, Jan Hamilton, James Henley, Howard Hu, Jan Johnson, Jeff Kellner, Tom King, John Logan, Judge Brian Lynch (retired), Mike Meyer, Bill Miller, Denise Pappalardo, Frank Pees, George Stevenson, and Robert Wilson.

Surprise Sanctions: Case Highlights Critical Need for Due Process in Fee Reductions

Henry E. Hildebrand, III

June 2, 2024

Due process requires that before a Court imposes a reduction of unopposed attorney’s fees, notice and an opportunity to be heard is required.

Members

Critical Case Comment

January 26, 2020

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville) When a case converts from Chapter 13 to Chapter 7 prior to the confirmation of a plan, the Chapter 13 Trustee is not permitted to divert funds from the debtor to the debtor’s attorney. In re Lettie, 597 B.R. 637 (Bankr. E.D Wis. 2019)...

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Recent Cases Navigate Retirement Account Exemptions

Karen Jolley

February 11, 2024

“Several recent bankruptcy cases have considered the circumstances under which funds held in, derived from, or contributed to a retirement account may be exempt from the bankruptcy estate.”

Members

New and Revised Bankruptcy Forms

November 10, 2019

By William Houston Brown, Editor and Adviser, NACTT Academy for Consumer Bankruptcy Education, Inc. Several Official and Director’s Forms related to bankruptcy filings are revised and some are new, with some already taking effect on October 1, 2019, others to take effect December 1, 2019, and others taking effect February 19, 2020. Several forms have already been updated on April...

Members

Twenty Years After BAPCPA; The Federal Form Still Doesn’t Follow the Statute

Robert G. Drummond

September 28, 2025

“The calculations in Form B122C-1 are directly at odds with the calculations in § 1325(b)(2)(B).”

Members

Critical Case Comment – Siegel v. Fitzgerald

Henry E. Hildebrand, III

June 19, 2022

Congress’ enactment of differing fees for U.S. Trustee states and Bankruptcy Administrator states violated the uniformity provision of the Bankruptcy Clause of Article I of the Constitution. (Sotomayer) Siegel v. Fitzgerald, 2022 WL 1914098 (S.Ct. June 6, 2022) Case Summary In 2008, the retail chain, Circuit City Stores, filed a Chapter 11 petition. In 2010, Circuit City’sliquidating plan was confirmed...

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ABI Commission on Consumer Bankruptcy – Statement of Intention: Deadlines and Consequences

June 23, 2019

By Henry E. Hildebrand, III and Sloan Hastings Section 521(a)(7) requires a chapter 7 debtor to file a statement of intention for “debts secured by the property of the estate.” The debtor must choose to (1) reaffirm the debt, (2) surrender the collateral, or (3) redeem the collateral. Reaffirming the debt contractually binds the debtor to pay the debt even...

Members

Bankruptcy Rules, New and Proposed

James M. Davis

December 8, 2024

The amendments to the Bankruptcy Rules that took effect on December 1, 2024, are primarily stylistic, but they do include a few substantive changes. More controversial changes are in the pipeline for December 2025, however, with significant changes to Rule 3002.1 proposed.

Members

Critical Case Comment – Fee Wars: The Battle Over Debtor Attorney Compensation

Henry E. Hildebrand, III

March 31, 2024

Debtors’ attorney’s fees can be calculated as a percentage of the presumptively reasonable “no-look” fee for cases involuntarily dismissed prior to confirmation and is an allowed administrative claim which can be paid under § 1326(a)(2).

Members

Critical Case Comment

February 3, 2019

By Henry E. Hildebrand, III, Chapter 13 Trustee for the Middle District of TN (Nashville) Where a Chapter 13 plan provides that a mortgage payment will be paid “outside the plan,” the plan does not “provide for” the mortgage payment and, accordingly, the discharge under § 1328 is not applicable to the mortgage obligation. Dukes v. Suncoast Credit Union, 909...

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How To Manage Incompetent, Unprepared, and Negligent Bankruptcy Counsel

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The NACTT Emeritus Trustees

Former Chapter 13 Standing Trustees

Related Articles

Surprise Sanctions: Case Highlights Critical Need for Due Process in Fee Reductions

Critical Case Comment

Recent Cases Navigate Retirement Account Exemptions

New and Revised Bankruptcy Forms

Twenty Years After BAPCPA; The Federal Form Still Doesn’t Follow the Statute

Critical Case Comment – Siegel v. Fitzgerald

ABI Commission on Consumer Bankruptcy – Statement of Intention: Deadlines and Consequences

Bankruptcy Rules, New and Proposed

Critical Case Comment – Fee Wars: The Battle Over Debtor Attorney Compensation

Critical Case Comment

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