Constitutional Interpretation and State Bankruptcy Laws: Chief Justice...
Sturges v. Crowninshield, 17 U.S. 122 (1819) Issue: 1) Does a state have “authority to pass a bankrupt law, or [is] the power exclusively vested in the congress of the United States”? 2) Is the...
View ArticleWhat Else Does the Code Say About Interest and Unsecured Debts?
As noted in a separate article, 11 U.S.C. 502 says, claims shall be determined and allowed, “except to the extent that …(2) such claim is for unmatured interest;…” Notably, this provision is not...
View ArticleCritical Case Comment – Fee Wars: The Battle Over Debtor Attorney Compensation
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...
View ArticleFrom the Archives – Escrow 101 and 102
Escrow 101 and 102 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.. . . It...
View ArticleWord to the Wise: Failure to Properly Notice a Creditor Is Bad!
Issue: 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...
View ArticleRule 12(b)(1) Dismissal
(Reproduced with permission. Published March 2024 Courthouse Beacon News) Sometimes, a simple test is all you want, but it doesn’t exist. In the Eleventh Circuit, Rule 12(b)(1) case law meanders,...
View ArticleFrom the Archives – An Oldie but Goodie
Ms. Ps & Qs on ‘Wet Signatures’ – Yep, they are important and nope, you can’t blame others for your mistakes.. . . It looks like you are not signed in or registered! This content is only available...
View ArticleSub V Update
Many of you are familiar with the extensive outline on Sub Chapter V that the Honorable Paul W. Bonapfel, United States Bankruptcy Court for the Northern District of Georgia, produces. This is a FREE...
View ArticleThe Means Test Income
Many really good questions were generated by our recent Means Test webinars. Below is the Q & A exchange on one such question: As to the 6-month commitment period for completing the Means Test, if...
View ArticleWhat About Conditional Confirmation?
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. (Taddonio)...
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