Recent Cases Navigate Retirement Account Exemptions

“Several recent bankruptcy cases have considered the circumstances under which funds held in, derived from, or contributed to a retirement account may be exempt from the bankruptcy estate.”

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Karen Jolley

Staff Attorney to Kara L. West, Chapter 12 and 13 Standing Trustee for the Eastern District of Tennessee, Southern Division (Chattanooga, TN)

Karen Jolley is a staff attorney to the Chapter 12 and 13 Trustee for the Eastern District of Tennessee (Southern Division), Kara L. West. Previously, she worked as a judicial law clerk to U.S. Bankruptcy Judge Shelley Rucker, U.S. Magistrate Judge Susan Lee, and Tennessee Court of Appeals Judge Charles Susano, Jr. She is a graduate of the University of Tennessee College of Law, the University of Maryland’s Philip Merrill College of Journalism, and Denison University.

Personal Injury Attorney’s Duty of Reasonable Inquiry of a Client’s Bankruptcy

Michael B. Joseph

August 28, 2022

An attorney meets with a potential client about a recent auto accident personal injury claim. The client suffered severe injuries and may be entitled to a large award. The client fails to mention that he is a debtor in an active bankruptcy. The client also has failed to advise his bankruptcy attorney about the personal injury claim. The debtor/client does...

SBRA – The Sequel: Leases in Bankruptcy Under the Consolidated Appropriations Act of 2021 (“CAA”)

February 21, 2021

Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN) Appendix 11 U.S.C. § 365(d)(3) and (4), Showing Changes Made by Consolidated Appropriation Act, 2021 ("CAA"), Pub. L. 116-260, 134 Stat. 1182 (eff. Dec. 27, 2020) (Sunset December 27, 2022. Changes continue to apply in cases commenced before sunset under subchapter V of Chapter 11.) 11 U.S.C. § 365(d)(3) Pre-CAA Post-CAA...

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Conflicting Interpretations: A Chapter 13 Trustee’s Compensation After Pre-Confirmation Dismissal or Conversion*Part 1 of 3

Brittani Bushman

January 30, 2022

(Used with expressed permission from the MI Bankruptcy Journal and the Steven W. Rhodes Consumer Bankruptcy Conference) I. Introduction Although the Bankruptcy Code has been around for decades, bankruptcy courts continue to be faced with significant disputes regarding the interpretation of its provisions. An emerging issue that has gained traction in recent years involves the compensation of a chapter 13...

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Finding Your Village: An Introductory Guide to Bringing Fair Credit Reporting Act Claims for Clients Post-Bankruptcy

Emily Connor Kennedy

July 24, 2022

I hope that you’ve enjoyed the articles from Mark Leffler and Steve Relyea discussing how our firm began litigating against creditors in bankruptcy court and mortgage servicers in federal district court. In this (final) installment, I will discuss our entry into Fair Credit Reporting Act litigation. Our firm’s history with Fair Credit Reporting Act litigation is intertwined with the relationships...

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Critical Case Comment

December 27, 2020

By Henry E. Hildebrand, III, Chapter 13 Trustee for the Middle District of Tennessee (Nashville) Section 506(d) does not allow the voiding of a lien when the underlying claim, filed by the debtor, has been disallowed; when notice is provided to a corporation it must be addressed to the individual who holds the office of an officer, manager, or general...

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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

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From the Editor

September 20, 2020

By The Honorable William Houston Brown (Retired) Chapter 13 debtors’ FDCPA claim was not “related to” bankruptcy case. After reopening closed case, the debtors filed adversary complaint against mortgage holders and servicers, alleging various claims for violation of discharge injunction, automatic stay and FDCPA. The complaint plausibly pleaded elements required for §§ 362(k) and 524(i), but the claims under FDCPA...

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“Stripping” Residential Mortgages and the Effect of 11 U.S.C. § 1111(b) – Part 2 Eleven Eleven What?

July 24, 2021

By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN) Wonk Alert This Part 2 wraps up some suggestions about how the parties to residential mortgages may avoid or minimize problems in the structuring and administration of these loans, with a discussion of subsection 1111(b) of Bankruptcy Code.1 This discussion may seem arcane, as indeed many experienced Chapter 11 practitioners...

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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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