From the Editor

From the Editor – Attorneys and Fees

By The Honorable William Houston Brown (Retired)

Debtor did not require court approval of special counsel. Under §§ 1303 and 1306(b), the Chapter 13 debtor had possession of state-law cause of action against a creditor for wrongful repossession. The debtor and the Chapter 13 trustee have concurrent authority over estate property, subject to § 363’s exclusive authority to the debtor to use, sell or lease property. A debtor is not a “trustee” for purposes of § 327, and the debtor was not required to seek court approval of employment of special counsel; however, such counsel must . . .

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

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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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March 31, 2019

By Wm. Houston Brown, United States Bankruptcy Judge (Retired) Debtor’s Attorney - Chapter 13 debtors not required to seek approval to employ special counsel. The Chapter 13 debtors moved to employ special counsel for representation in state-court litigation, but § 327(e) did not apply to Chapter 13 debtors when no request was being made to pay the special counsel from...

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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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Lawrence R. Ahern, III

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Post-Petition Causes of Action, Inheritances and Windfalls Are Property of the Estate and Must Be Reported to the Trustee – Part 5 of 5

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By John P. Gustafson, United States Bankruptcy Judge, Northern District of Ohio, Western Division Click here for Part 1 Click here for Part 2

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Supreme Court Grants Certiorari in City of Chicago v. Fulton

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By William Houston Brown, Editor/Adviser, Academy for Consumer Bankruptcy Education On December 18, 2019, the Supreme Court granted the City of Chicago’s petition for certiorari, 2019 WL 6880702, from the decision of the Seventh Circuit at 926 F.3d 916 (7th Cir. June 19, 2019). The Seventh Circuit’s decision was analyzed in a prior article on this website. In its decision,...

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Critical Case Comment – The Now Infamous Castleman Case

Henry E. Hildebrand, III

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Equity that accrues as a result of market conditions in debtor’s assets between the time of confirmation of a Chapter 13 plan and conversion to Chapter 7 constitutes property of the estate which may be administered by the Chapter 7 trustee.

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Critical Case Comment – Repeat: No Fee Splitting

Henry E. Hildebrand, III

October 23, 2022

A referral fee by retained special counsel paid to debtor’s attorney violates the prohibition in § 504 in that it constitutes an unauthorized splitting of attorney’s fees. (Williamson) In re Davis, 638 B.R. 198 (Bankr. M.D. Fla. March 31, 2022) Case Summary Four years after Lisa Davis filed her Chapter 13 petition, she was involved in an auto accident resulting...

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From the Editor – Attorneys and Fees

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Related Articles

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

From the Editor

6 Steps to Ethical Unbundling of Bankruptcy Representation

Max’s Knowledge Nugget

Creditors’ Rights and Debtors’ Protections at the Intersection of Consumer Bankruptcy and UCC Article 9 – Part 3

The Effect of “Success” (Or the Lack of It) on Attorneys’ Fees

Post-Petition Causes of Action, Inheritances and Windfalls Are Property of the Estate and Must Be Reported to the Trustee – Part 5 of 5

Supreme Court Grants Certiorari in City of Chicago v. Fulton

Critical Case Comment – The Now Infamous Castleman Case

Critical Case Comment – Repeat: No Fee Splitting

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