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19/01/2023

Goodman v. Doll, No. 22-1004 (10th Cir.)
Type: Amicus
Date: April 6, 2022
Description: Whether Chapter 13 trustee is entitled to statutory commission in case dismissed prior to plan confirmation.
Result: Judgment affirmed, January 18, 2023.

Doll Decisoin (10th) Jan 2023

Doll Amicus

Type: Amicus Date: April 6, 2022 Description: Whether Chapter 13 trustee is entitled to statutory commission in case dismissed prior to plan confirmation. Result: Judgment affirmed, January 18, 2023.

07/12/2022

Post-Petition Fee Agreement a No-Go
A fee agreement that purports to attach an attorney’s lien on the debtor’s exempt personal property is unenforceable under section 526(a) where state law allows such liens only on non-exempt property or on exempt personal property for specified exceptions not including attorney’s fees. In re Turner, No. 22-41570 (Bankr. D.

A fee agreement that purports to attach an attorney’s lien on the debtor’s exempt personal property is unenforceable under section 526(a) where state law allows such liens only on non-exempt property or on exempt personal property for specified exceptions not including attorney’s fees. In re T...

28/11/2022

Numa Corp. v. Diven, No. 22-15298 (9th Cir.)
Type: Amicus
Date: July 25, 2022
Description: Sanctions for continuation of tribal case despite automatic stay.
Result: Judgment affirmed, November 22, 2022.

Diven 9th Cir Nov 2022

Diven 9th Cir NCBRC amicus July 2022

Type: Amicus Date: July 25, 2022 Description: Sanctions for continuation of tribal case despite automatic stay. Result: Judgment affirmed, November 22, 2022.

21/11/2022

Bifurcated Fee Agreement Violates Rules
A prepetition fee agreement where the debtor agreed to have the law firm pay the filing fee postpetition at which time the debtor would reimburse the firm, was unenforceable in that it was predicated on ignoring Bankruptcy Rule 1006(a) which requires the fee to be paid when the petition is

A prepetition fee agreement where the debtor agreed to have the law firm pay the filing fee postpetition at which time the debtor would reimburse the firm, was unenforceable in that it was predicated on ignoring Bankruptcy Rule 1006(a) which requires the fee to be paid when the petition is filed. In...

07/11/2022

Efforts to Collect Domestic Support Violates Automatic Stay
An ex-husband’s efforts to collect medical expenses and a $50.00 direct payment ordered by the Family Court violated the automatic stay, where, unlike the debtor’s other domestic support obligations which he collected through wage garnishment, payment for the debts was not limited to non-estate property as required by the domestic

An ex-husband’s efforts to collect medical expenses and a $50.00 direct payment ordered by the Family Court violated the automatic stay, where, unlike the debtor’s other domestic support obligations which he collected through wage garnishment, payment for the debts was not limited to non-estate ...

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