Chapter 13 No-Look Fees – Additional Thoughts • NACTT Academy

Chapter 13 No-Look Fees – Additional Thoughts

As a follow-up to The Academy’s December 3, 2023, issue, three Emeritus Trustees weighed in. The 12/3/23 issue included Cathy Moran’s Chapter 13 NoLook Fees: The Horns of a Dilemma and Trustee Hildebrand’s Critical Case Comment, You Gotta Fix Your Own Screw-ups, On Your Own Dime. You may also want to take note of comments on each article and add your own. Today, we offer the thoughts of two additional Emeritus Trustees. Thus a follow-up to our follow-up. 😊

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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.

Court Review of Fee Applications in Chapter 13: One Judge’s Perspective

August 16, 2020

By Hon. Brian Lynch, Bankruptcy Judge, WAWB “[T]he bankruptcy court has a duty to review fee applications, notwithstanding the absence of objections by the United States trustee (“UST”), creditors, or any other interested party….” In re Busy Beaver Bldg. Ctrs., Inc., 19 F.3d 833, 841 (3d Cir. 1994). In Chapter 13 cases this role is critical because in this judge’s...

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In the Greatest Hits Department . . .

The Academy

May 26, 2024

Staff Attorney Jeff Leforce brought us this case back in January of 2022 . . . When is Enough, Enough? Pro Se Dismissed with Extended Prejudice (and Violates Bar)

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Pay Down Debt or Save – Which Should Come First?

Cathy Moran

August 25, 2024

Pay off debt first or start saving now? A question you, as a debtor attorney, are often asked. It’s a debate almost as convoluted as which came first, the chicken or the egg?

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Sub V Update

Paul W. Bonapfel

April 14, 2024

Many of you are familiar with the extensive outline on Sub Chapter V that the Honorable Paul W. Bonapfel, United States Bankruptcy Court for the Northern District of Georgia, produces. This is a FREE resource and is freshly updated!! Thank you Judge Bonapfel!

Passing of Sitting Chief Judge

The Academy

December 3, 2023

District of Idaho Announces Passing of Chief Bankruptcy Judge Joseph M. Meier

While Chapter 7 Filings Continue to Decline, Chapter 13 Filings are Trending Slightly Upward

Kevin R. Anderson

April 24, 2022

Recent headlines noted that March 2022 saw a 33.5% increase in bankruptcy filings over February. This could suggest the coming swell in bankruptcy cases anticipated since the start of the COVID pandemic. However, bankruptcy professionals recognize that consumer filings always spike in March (see chart). This phenomenon is usually attributed to the tendency to avoid filing in January and February...

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Bifurcated Fees Under Examination

The Honorable William Houston Brown

May 22, 2022

Bankruptcy and appellate courts in increasing numbers are considering whether it is appropriate for debtors filing for Chapter 7 relief and attorneys representing them to enter into bifurcated fee agreements. It has been recognized that one of the reasons that debtors may decide to file Chapter 13 rather than Chapter 7 is that attorneys require payment of the Chapter 7...

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Ninth Circuit BAP Says§ 523(a)(15) Includes §§ 523(a)(2), (4) and (6) in Chapter 7

M. Jonathan Hayes

January 28, 2024

Does § 523(a)(15) include claims by a spouse against the other spouse for fraud etc, i.e., §§ 523(a)(2), (4) and (6), in a chapter 7 case?

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What is a “Consumer Debt”?

M. Jonathan Hayes

April 21, 2024

By highlighting Judge Stephen Johnson's rulings and insights, Hayes brings readers an analysis of the definition of what consumer debt is . . . and is not.

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The Kill Switch and The Stay

July 11, 2021

Kara K. Gendron, Esquire, Mott & Gendron Law (Harrisburg, PA) A “kill switch” is a device which can be used to disable a machine or program. They have been used for years in a myriad of safety measures, such as shutting down machinery in the event of an emergency, or to prevent the theft of a machine or data. Some...

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