I Think I Saw a Ghost

When does a helpful hand behind the scenes become an attorney hiding in the shadows? Ghostwriting may be friendly—or it may be fraud waiting to be exposed.

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William H. Clunn, III

Staff Attorney for Chapter 13 Standing Trustee Andrew B. Finberg, District of New Jersey (Cherry Hill)

William H. Clunn, III, serves as a Staff Attorney for Chapter 13 Standing Trustee Andrew B. Finberg in the District of New Jersey (Camden Vicinage). Prior to working with Mr. Finberg and Ms. Balboa (Mr. Finberg’s predecessor), he was a senior associate at an active consumer bankruptcy law firm in Southern New Jersey. He earned his B.A. from Houghton College with honors in political science in which his honors thesis was “The Militant Politics of Poverty Policy: Flight, Fight, Welfare, and Rights.” In 2015 he received the CALI Excellence for the Future Award as first in his Bankruptcy Law class. He graduated with honors from Charlotte School of Law where he received his J.D. In 2022 Legal Services of New Jersey awarded him the Equal Justice Award for outstanding achievement in advancing equal justice through representing indigent and disadvantaged persons in pro bono Chapter 7 bankruptcy filings.

6 Steps to Ethical Unbundling of Bankruptcy Representation

March 21, 2021

By Cathy Moran, Esq. (Redwood City, CA) No matter how many hoops the client dutifully jumped through, without adequate inquiry and communication, the bankruptcy attorney was slammed for unbundling his services. The representation agreement at issue excluded representation in any adversary proceeding filed, as do most such agreements, I imagine. The client initialed every paragraph of the 19-paged representation agreement,...

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Increased Child Support Income: Higher Modified Plan Payments?

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Increased income equals higher modified plan payments. Right? Sounds logical. Not so fast . . .

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From the Editor

March 31, 2019

By Wm. Houston Brown, United States Bankruptcy Judge (Retired) Debtor’s Attorney - Suspension of firm upheld. The District court affirmed the 90-day suspension of Law Solutions Chicago, LLC (d/b/a UpRight Law, LLC), with the record supporting the bankruptcy court’s findings that the firm failed to adequately represent the debtor in a “simple” consumer case. Disgorgement of fees was appropriate under...

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From the Supreme Court

The Academy

June 18, 2023

Lac Du Flambeau Band of Lake Superior Chippewa Indians et al. v. Coughlin Supreme Court rules in favor of borrower of tribal loan –Chapter 13 stay applies. Justices reject tribal immunity from bankruptcy stay.

The Untouchables – Starring Social Security Income

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In a recent opinion, an Ohio bankruptcy court joined the majority of other courts by holding the Code excludes Social Security Act (“SSA”) benefits from disposable income.i The issue was brought before the Court by the Chapter 13 Trustee’s objection to confirmation. The objection to confirmation asserted the Debtors failed to commit all disposable income to their plan and included...

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Escrow 101 and 102

Michael J. McCormick, Esq.

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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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Creditors’ Rights and Debtors’ Protections at the Intersection of Consumer Bankruptcy and UCC Article 9

October 25, 2020

In the world of consumer bankruptcy, trustees and debtors' counsel often are uncomfortable with the rules in Article 9 of the Uniform Commercial Code (UCC). In this space, we have looked at several places where Article 9 meets the Bankruptcy Code. In this new series, we have been reviewing Article 9's important rules related to consumer transactions.

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Ask Ms. Ps and Qs

Nancy B. Rapoport

May 14, 2023

Dear Readers: Want to know why your 1L Civ Pro course is your best friend when it comes to “undue hardship” cases? Because burdens of proof matter. (They matter in other cases, too, but I’m in love with the case of Love v. U.S. Dept. of Education (In re Love), Case No. 19-20532-C-7, United States Bankruptcy Court for the Eastern...

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From the Editor – Fair Debt Collection Practices Act

February 2, 2020

By The Honorable William Houston Brown (Retired) Punitive damages reduced for FDCPA and RESPA violations. The mortgage servicer violated FDCPA, RESPA and the Illinois Consumer Fraud and Deceptive Business Practices Act by treating account as delinquent after Chapter 13 debtor had cured arrears, brought account current and obtained discharge. The servicer mistakenly marked the Chapter 13 case as dismissed rather...

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ABI Commission on Consumer Bankruptcy – Collateral Repossessed Pre-Petition

October 6, 2019

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN) One of the most difficult situations faced by a debtor and debtors’ counsel is the repossession of important collateral securing a debt owed to a creditor. These items, such as automobiles, furniture, boats, and mowers which have been pledged to a creditor are important – often critical – to...

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I Think I Saw a Ghost

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William H. Clunn, III

Staff Attorney for Chapter 13 Standing Trustee Andrew B. Finberg, District of New Jersey (Cherry Hill)

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Creditors’ Rights and Debtors’ Protections at the Intersection of Consumer Bankruptcy and UCC Article 9

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From the Editor – Fair Debt Collection Practices Act

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