From the Editor

From the Editor – Property of Estate and Exemptions

By The Honorable William Houston Brown (Retired)

Debtor not barred from claiming Vermont homestead. In an analysis of a pre- bankruptcy divorce decree, the court found that the decree and a contempt order did not create collateral estoppel or res judicata bars to the debtor/former husband’s claim of homestead exemption under Vermont law. In re Kadoch, 528 B.R. 626 (Bankr. D. Vermont 2015).

________________________________

The Honorable William Houston Brown retired in 2006 as a United States Bankruptcy Judge for the Western District of Tennessee, and he had been designated to sit . . .

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.

September 27, 2020

By The Honorable William Houston Brown (Retired) Disgorgement of fees for nondisclosure. The Tenth Circuit held that the “default sanction” for an attorney’s failure to satisfy disclosure obligation is full disgorgement of fees paid. While full disgorgement may not be required in particular circumstances, the “default sanction” principle required reversal and remand. The bankruptcy court, affirmed by the BAP, had...

Members

The Effect of “Success” (or the Lack of It) on Attorneys’ Fees Part 2: In re Village Apothecary, Inc.

Lawrence R. Ahern, III

October 2, 2022

Introduction In In re Village Apothecary, Inc.,1 the Sixth Circuit recently cut an attorney's fee by half, where the services were not successful. The panel held that the results obtained (or, actually, the lack of results) justified the dramatic reduction of the fees of attorneys for a Chapter 7 trustee. In Part 1, we looked at . . . It...

Members

New Judge Appointed

The Academy

June 4, 2023

Honorable Corali Lopez-Castro Appointed Miami’s Newest Bankruptcy Judge

The Hanging Paragraph – Hanging on Every Word Part 4 of 4

July 5, 2020

By Anthony J. Gomez, CPA, former extern to the Honorable John P. Gustafson, Northern District of Ohio at Toledo V. The Good Faith Requirement The hanging paragraph was enacted to protect creditors. It accomplishes this by prohibiting the bifurcation of certain secured debts that were acquired shortly before the time of filing. Despite a Chapter 13 debtor’s inability to bifurcate...

Members

How to Present an Effective Summary Judgment Motion

August 23, 2020

By Hon. Erik P. Kimball, United States Bankruptcy Court for the Southern District of Florida (Used with permission - Originally Published by the Courthouse Beacon, United States Bankruptcy Court for the Southern District of Florida August, 2020) Summary Judgment Applies In Contested Matters Bankruptcy Rule 7056 incorporates all of Federal Rule 56 for purposes of adversary proceedings, adjusting only the...

Members

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

February 17, 2019

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN) PART II: More Supreme Court Action on Arbitration Introduction Click here for Part I Click here for Part III Click here for Part IV What is the effect of an . . . It looks like you are not signed in or registered! This content is only available to members....

Members

Critical Case Comment – Five Theories of Post-Confirmation Property Treatment

Henry E. Hildebrand, III

February 26, 2023

In examining the effect of vesting of property of the estate at confirmation of a Chapter 13 plan, bankruptcy court examines the impact of five different theories on how post-confirmation property is to be treated, settling on the “Estate Replenishment Theory,” but does not decide if the debtors can receive the proceeds. (Fenimore) In re Marsh, 2023 WL 215263 (Bankr....

Members

A Confirmed Plan with a Marijuana Wrinkle

May 19, 2019

By Gretchen D. Holland, Standing Chapter 13 Trustee for the Greenville/Spartanburg Division of South Carolina Although this is a chapter 11 case, it has chapter 13 implications because the confirmation requirement that a plan be “proposed in good faith and not by any means forbidden by law” is identical in both chapters (§ 1129(a)(3) and § 1325(a)(3)). Garvin v. Cook...

Members

Small Business Reorganization Act…(“SBRA”) H.R. 3311 – Part Three

October 6, 2019

By Jan Hamilton, Chapter 13 Standing Trustee (Topeka, KS) Click here for Part One Click here for Part Two What needs to be in a plan filed in a case under the SBRA? Start with the statute…1 A. Contents of Plan2 Comparison of “Contents . . . It looks like you are not signed in or registered! This content is...

Members

Demystifying Bankruptcy Appeals

M. Jonathan Hayes

September 11, 2022

Consumer bankruptcy attorneys in my experience tend to see appeals as a massively expensive undertaking fraught with unfamiliar rules and the threat of sanctions at every turn. That is not the reality. The purpose of this short article is to allay those fears. It’s a fun and satisfying process; dive in says I. Final order You can only appeal a...

Members

From the Editor – Property of Estate and Exemptions

Link to Post:

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

Or Sign In Below:

Related Articles

From the Editor

The Effect of “Success” (or the Lack of It) on Attorneys’ Fees Part 2: In re Village Apothecary, Inc.

New Judge Appointed

The Hanging Paragraph – Hanging on Every Word Part 4 of 4

How to Present an Effective Summary Judgment Motion

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

Critical Case Comment – Five Theories of Post-Confirmation Property Treatment

A Confirmed Plan with a Marijuana Wrinkle

Small Business Reorganization Act…(“SBRA”) H.R. 3311 – Part Three

Demystifying Bankruptcy Appeals

Academy

Members

Website

Legal

Looking to Become a Member?

Webinars

Member Articles

Industry News

To get started, please let us know which of these best fits your current position: