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What Does “Following” Mean?

April 2, 2023
Section in 109(g)(2) of the Bankruptcy Code bars a debtor from filing a new case for 180 days if the...
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Can Good Facts Also Make Bad Law? Finality of Orders in Bankruptcy Revisited after Ritzen Group

March 20, 2022
"Finality" in Bankruptcy When is an order within a bankruptcy case "final"? When must a party to the proceeding appeal...
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Why Address Formatting Is So Important for Jurisdiction

October 24, 2021
By Jay S. Jump, CEO, CertificateofService.com (Pasco, WA) My guess is you initially saw the title of this article and...
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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...
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Progeny of Law v. Siegel: Sixth and Ninth Circuits Say Right to Dismiss Chapter 13 Case is Absolute, Not Qualified by Section 105

September 26, 2021
By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN) "Equity is not an old man, with a long grey...
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Rule 3002.1 Does Not Justify Punitive Sanctions

September 19, 2021
By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN) In order for a bankruptcy court to impose sanctions...
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Progeny of Taggart: In re Gravel and Newrez, LLC v. Beckhart

September 12, 2021
By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN) Introduction In re Taggart In 2019, the Supreme Court in...
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“How Long, O Lord?”

November 29, 2020
By Angela M. Scolforo, Staff Attorney to Herbert L. Beskin, Chapter 13 Trustee for the Western District of Virginia “How...
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Creditors’ Rights and Debtors’ Protections at the Intersection of Consumer Bankruptcy and UCC Article 9

November 29, 2020
By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN) PART VI – CONSUMER FORECLOSURE PROCEDURES (CONCLUSION) Introduction In the...
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Amended Rule 2002(a)(5) – Who Gets Served and Who Petitions the Court for Change?

November 22, 2020
By Phil Lamos, Chief Legal Counsel, Office of the Chapter 13 Trustee Lauren A. Helbling (Cleveland, OH) Bankruptcy Rule 2002(a)(5)...
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