Ethics And Unbundling: Attorneys Agree With Clients About Unbundling Bankruptcy Services; But, Do Courts Agree With Attorneys About Unbundling Bankruptcy Services?

Part 2 – State Rules of Professional Conduct and Applicable Bankruptcy Law

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

As the initial article is this series noted:

Unbundling legal services in connection with bankruptcy proceedings is a complex issue specifically implicating autonomous state rules of professional responsibility governing the practice of attorneys in their states and independent federal bankruptcy courts, sitting in those states, governing the practice of attorneys in their courts . . .

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Critical Case Comment – Present Value and Attorney’s Fees

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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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Paul W. Bonapfel

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Critical Case Comment – In the Windfalls Category

Henry E. Hildebrand, III

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Unanticipated post-petition acquisitions, constituting property of the estate, can be captured for the purpose of repaying creditors. In re Powell, 2022 WL 1043502 (Bankr. C.D. Ill. April 7, 2022)(Perkins) Case Summary Clarence and Betty Powell filed a Chapter 13 petition in February of 2020 and their plan was confirmed that October. The plan required the Powells to make monthly payments...

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Critical Case Comment – You Might as Well Plan for the Wrecked Car

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Henry E. Hildebrand, III

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Section 1329(c), as it currently exists, forecloses the ability of Chapter 13 debtor to modify a confirmed plan to alter the plan payment amount while maintaining an extended plan, previously approved under the CARES Act. (Hanan) In re Nelson, 2022 WL 6795096 (Bankr. E.D. Wis. October 11, 2022) Case Summary Immediately after the onset of the COVID-19 pandemic, Congress sought...

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The NACTT Emeritus Trustees

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(Reprinted with permission. Bankruptcy Court Liaison Committee Newsletter – Spring 2023 (Northern District of Illinois)) During her tenure as a bankruptcy judge for nearly 24 years, Judge Carol A. Doyle has presided over countless chapter 7, 11, and 13 cases, leaving a lasting impact on the Chicago bankruptcy landscape. She has been a dedicated and respected member of the bankruptcy...

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Nicole P. Novak

May 1, 2022

The Bankruptcy Code imposes many duties on attorneys. One such duty requires attorneys to disclose compensation for services in contemplation of, or in connection with a bankruptcy case.1 Debtor attorneys know to disclose their fees at the start of the case. Attorneys that forget to timely file a compensation disclosure typically receive a gentle reminder to do so. However, in...

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