Member Articles

By highlighting Judge Stephen Johnson's rulings and insights, Hayes brings readers an analysis of the definition of what consumer debt is . . . and is not.

Even when the contentions against a debtor spouse sound in fraud, breach of fiduciary duty, or intentional tort, the claims of the debtor’s spouse survive a Chapter 7 discharge.

It is appropriate to convert a Chapter 13 case to one under Chapter 7 when the debtor makes no attempt to cure defaults that arise in the case or take any steps to propose a feasible plan.

Many really good questions were generated by our recent Means Test webinars. Attached is a Q & A exchange on one such question regarding the 6-month commitment period.

Ms. Ps & Qs on ‘Wet Signatures’ – Yep, they are important and nope, you can’t blame others for your mistakes.

This article looks at Rule 12(b)(1) by presenting a three-question test synthesizing decades of Eleventh Circuit case law.

When the debtor fails to properly schedule a creditor in an asset case, is the now non-dischargeable debt under § 523(a)(3) limited to the amount the creditor would have received had it filed a proof of claim?

In the fall of 2021, Michael McCormick provided subscribers with an EXCELLENT, expository, seven-part outline on mortgage escrow. This information is still relevant today.

Debtors’ attorney’s fees can be calculated as a percentage of the presumptively reasonable “no-look” fee for cases involuntarily dismissed prior to confirmation and is an allowed administrative claim which can be paid under § 1326(a)(2).

While some circuits differ, statutory interpretation suggests similar treatment for secured and unsecured claims regarding interest disallowance, unless context dictates otherwise. Attorney Siomos brings subscribers a follow-up to last week’s article.