From the Editor – Attorneys and Fees • NACTT Academy

From the Editor – Attorneys and Fees

By The Honorable William Houston Brown (Retired)

Court had authority under Rule 9011. Bankruptcy court had inherent authority under Rule 9011 to sanction Chapter 13 debtor’s attorney, on finding that attorney violated Rule throughout case, including amendment of schedules and plan to treat postpetition alimony as prepetition debt, when attorney knew that debtor had failed to make postpetition DSO payments. Sanctions included suspension from practice in bankruptcy court for six months, $1,000 fine and CLE requirement, and these were affirmed. However, further sanction for attorney’s misrepresentation in testimony at the show cause hearing . . .

It looks like you are not signed in or registered! This content is only available to members.

Or Sign In Below:

No Author Biography has been linked to this Article.

Two Final Observations about the SBRA – Part IX

February 23, 2020

By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN) Introduction This series has focused on the four bankruptcy-related bills that were enacted during the 116th Congress and signed into law on August 23, 2019. One bill, the Small Business Reorganization Act of 2019 (SBRA), became effective February 19, 2020. It appears in its entirety in Appendix B to this...

Members

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...

Members

Critical Case Comment–Should’a Returned the Car

Henry E. Hildebrand, III

January 8, 2023

Post-petition repossession of debtor’s automobile, deliberate indifference to debtor’s request for return and ignoring hearings before the Court merit not only award of damages for violation of the stay but substantial punitive damages. (Bonapfel) In re Hamby, 2022 WL 17428947 (Bankr. N.D. Ga. November 29, 2022) Case Summary Cole Hamby purchased a 2012 GMC Sierra from Everybody Rides Auto Sales....

Members

New Judge Appointed

The Academy

June 18, 2023

Appeals Court Names Erie Lawyer as Newest Bankruptcy Judge – John C. Melaragno has been named the new judge for the Erie Division of U.S. Bankruptcy Court for the Western District of Pennsylvania

Critical Case Comment

June 2, 2019

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee If a Chapter 13 debtor does not list a creditor on the creditor matrix when filing the petition and makes no effort to provide supplemental notice to the creditor, the provisions of Rule 3002 allow the extension of time for the creditor to file a...

Members

Five More Things Debtors Should Know About the SBRA of 2019

December 22, 2019

By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN) Part VII Introduction This series focuses on four bankruptcy-related bills that were enacted during the 116th Congress and signed into law on August 23, 2019. One bill, the Small Business Reorganization Act of 2019 (SBRA), will be effective February 19, 2020. It appears in its entirety in Appendix B to...

Members

Chapter 13 –Success/Benefits & Everything in between

December 20, 2020

By Robert S. Thomas, II,1 Chapter 13 Standing Trustee for the District of Maryland (Baltimore) All stakeholders strive to make the Chapter 13 program efficient and beneficial to all parties. The Chapter 13 program has evolved over the years to better serve debtors and creditors. This is due in part because of the remarkable actions taken daily by our Bankruptcy...

2022 Bankruptcy Procedure Year in Review: Revised Statute and Rules and Selected Cases – Part 2 Rules Related to SBRA

Lawrence R. Ahern, III

November 13, 2022

Introduction This series reviews developments in bankruptcy procedure during 2022. Amendments to 16 rules and new one new rule take effect December 1, 2022, absent Congressional action. Many reflect changes necessitated by the Small Business Reorganization Act of 2019 (SBRA),1 and have been in place in the same or similar form on an interim basis since that legislation took effect.

Members

Arbitration in Bankruptcy: Reading Opinions & Tea Leaves in Recent Supreme Court & Lower Court Actions

March 10, 2019

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN) PART III: The Lower Courts Struggle with Arbitration Guidelines Introduction Click here for Part I Click here for Part II

Members

Certiorai Denied in Evans and Doll

The Honorable William Houston Brown

February 25, 2024

Second Circuit case still pending.

Members