From the Editor

From the Editor – Eligibility

By The Honorable William Houston Brown (Retired)

Requirement of prepetition credit counseling did not require debtor to sign certificate under penalty of perjury. A creditor moved to dismiss the Chapter 13 for the debtor’s failure to sign the statement of completion of credit counseling under penalty of perjury, but the bankruptcy court and Bankruptcy Appellate Panel found no such requirement in § 109(h)(1). The statute only requires that the debtor establish completion of the credit counseling, and the certificate of counseling was signed by a senior counselor of the agency providing the counseling, which . . .

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Critical Case Comment – Present Tense in § 544(b)

Henry E. Hildebrand, III

February 19, 2023

When case converts from Chapter 13 to Chapter 7, the Chapter 7 trustee is not limited to the valuation of the debtor’s home as stated on the original schedules and may capture the increase in equity resulting from the property’s appreciation. (Dales) In re Adams, 2022 WL 2079725 (Bankr. W.D. Mich. June 9, 2022) Case Summary Matthew and Katherine Adams...

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Senior Moments

December 1, 2019

By Peter Fessenden, Chapter 13 Standing Trustee, Retired September 30, 2017 (Portland, ME) To everything there is a season. There was a time to discover how little I knew about being a Chapter 13 trustee. There was a time to make mistakes. There was a time to address those mistakes. There was a time to solve problems. There was a...

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March 31, 2019

By Wm. Houston Brown, United States Bankruptcy Judge (Retired) Lien Modification - Modification of mortgage on mixed-use property. Reviewing the split of authority on whether a Chapter 13 debtor may modify a mortgage on property used for both business and residential purposes and when the use determination is made, the bankruptcy court adopted the filing date as the appropriate time...

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What, Exactly, Is the Trustee’s Percentage Fee

Rebecca Herr

April 23, 2023

In recent years, a handful of cases have discussed the issue of what happens to the trustee’s percentage fee, collected from debtor plan payments, upon the dismissal or conversion of a case prior to confirmation. This is an emerging area of law, with decisions on both sides. However, with this new issue, there appears to be at least some confusion...

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Escrow 102 – Part 2 of 4

October 3, 2021

By Michael J. McCormick, Esq., McCalla Raymer Leibert Pierce, LLC (Roswell, GA) Escrow 101 - Part 1 Escrow 101 - Part 2 Escrow 101 - Part 3 Escrow 102 - Part 1

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Critical Case Comment – Sec. 328 vs. Sec. 327 Not Exactly a Smack Down

Henry E. Hildebrand, III

July 17, 2022

A referral fee by retained special counsel paid to debtor’s attorney violates the prohibition in § 504 in that the referral fee 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...

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From the Editor – Dismissal

August 2, 2020

By The Honorable William Houston Brown (Retired) Marijuana connection required case dismissal. The Chapter 13 debtors owned interests in an entity that was engaged in litigation to recover damages for breach of contract related to growing and selling marijuana, and this connection required dismissal of the case. Continuing administration of the case “would likely require the trustee or the court...

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TFS Bill Pay Announces New Attorney Report Center

November 21, 2021

TFS Bill Pay has launched a new powerful tool to help you succeed; the Attorney Report Center located in your AttorneyPortal. In the current bankruptcy environment, it is absolutely essential that your firm receives all of the compensation for the valuable work it has already done. TFS now provides you with pre-set, real-time reports to confirm your clients’ payments, which...

Parker, HOA, and Sanctions – Multiple Thrills to a Bankruptcy Lawyer’s Heart

May 2, 2021

By Cathy Moran, Esq., (Redwood City, CA) I don't know just what makes Parker such a treat for me, but it delivers multiple thrills to my bankruptcy lawyer heart. It's a stay violation case with a BIG sanctions award. It's a clearly, simply written opinion that lays out the circuit law on multiple issues. It hits hard at HOA hubris....

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Bankrupt Attorney Cannot Discharge State Court Sanctions

Nicole P. Novak

September 11, 2022

In a recent opinion, the 9th Circuit BAP affirmed a bankruptcy judge’s decision that sanctions order by a state court were nondischargeable under § 523(a)(6)i and that the state court proceeding precluded litigating the issue in bankruptcy.ii The sanctions originate from a California doctor’s defamation suit against two former patients. The Doctor initiated the action against two women who wrote...

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From the Editor – Eligibility

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Related Articles

Critical Case Comment – Present Tense in § 544(b)

Senior Moments

From the Editor

What, Exactly, Is the Trustee’s Percentage Fee

Escrow 102 – Part 2 of 4

Critical Case Comment – Sec. 328 vs. Sec. 327 Not Exactly a Smack Down

From the Editor – Dismissal

TFS Bill Pay Announces New Attorney Report Center

Parker, HOA, and Sanctions – Multiple Thrills to a Bankruptcy Lawyer’s Heart

Bankrupt Attorney Cannot Discharge State Court Sanctions

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