The Obvious, But Sometimes Obviously Overlooked, Controlling Ethics Model

Tom Waldron, a former bankruptcy judge and current Advisor to the NACTT Academy, lives in Tucson, AZ.[email protected].

It appears that every attorney and law firm operates by utilizing at least two significant models in the practice of law. One is a “legal model,” i.e. the understanding of procedural and substantive law and related fields offered to a client as a legal service. Another is a “business model,” i.e. internal operating decisions as to location, personnel, income, expense, growth, etc. in connection with . . .

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Representing Elderly Clients in Bankruptcy – Part 3 of 3

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By David Cox,1 Cox Law Group, PLLC (Lynchburg, VA) Click here for Part 1 of 3 Click here for Part 2 of 3 C. Challenges unique to older debtors. Mobility/hearing attendance requirements. Attendance at 341 hearing. Section 343 Examination of the debtor clearly indicates that the debtor shall appear and . . . It looks like you are not signed...

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For You, What Is the Best Part About Retirement

The NACTT Emeritus Trustees

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We were curious about what our NACTT Emeritus Trustees have been doing in retirement. How have they been spending their time since making the decision to retire and moving on from the daily challenges as a Chapter 13 Trustee. Here are their replies to our inquiry:

Critical Case Comment – Present Value and Attorney’s Fees

October 3, 2021

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN) Administrative fees and claims existing when Chapter 13 plan was confirmed would reduce the amounts received by unsecured creditors in a Chapter 7 under the “best interests of creditors test;” unsecured creditors, expected to receive payments over three years, must be paid the “present value” of that stream of...

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From the Editor

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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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The Case for Conduit Mortgage Payments

Max Gardner

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Max Gardner’s Top Ten Reasons The late Waylon Jennings had a hit song years ago called “Sick and Tired of Getting Up Sick and Tired.” The song related to the chronic consumption of alcohol but the analogy to the need for a mandatory rule for mortgage payments through the Chapter 13 Trustee is not that far-fetched. As a debtor’s attorney...

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Critical Case Comment – Repeat: No Fee Splitting

Henry E. Hildebrand, III

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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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What Was the Most Unusual Debtor Asset or Case During Your Watch?

The NACTT Emeritus Trustees

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What do a license plate, a house in Gambia, anda drug runner’s house all have in common? This is a fun holiday week read – enjoy!

ABI Commission on Consumer Bankruptcy – Dischargeability of Homeowner Association Fees

May 19, 2019

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN) Homeowner association fees that obligate homeowners of condominium and planned unit developments can be a substantial obligation that accrue on a monthly basis. These obligations are generally a burden when a debtor files for bankruptcy relief. To be fair, homeowners’ associations provide a significant benefit to homeowners. Exterior maintenance,...

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2022 Bankruptcy Procedure Year in Review: Revised Statute and Rules and Selected Cases Part 9 More from the Supreme Court: MOAC Mall Holdings LLC v. Transform Holdco LLC

Lawrence R. Ahern, III

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Introduction This series reviews developments in bankruptcy procedure during the past year.One new rule and amendments to 16 rules took effect December 1, 2022. Many reflected changes necessitated by the Small Business Reorganization Act of 2019 (SBRA), and had been in place in the same or similar form on an interim basis since that legislation took effect.

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Bankruptcy Court Strikes Back: Awarding $825,940.55 in Sanctions for Bad Faith Filing

M. Jonathan Hayes

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Bankruptcy Court in Texas awards sanctions of $825,940.55 for bad faith filing and prosecution of a proof of claim. (Yes it’s an 11 but still, $825k!)

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