Michael Barnett, PA

01/20/2023

In 1st Circuit decision on point, 10th Circuit rules chapter 13 trustees not entitled to retain fees in cases dismissed prior to confirmation.

In the first court of appeals ruling on the issue, the 10th Circuit Court of Appeals ruled that chapter 13 trustees were not entitled to retain trustee fees in cases that were not confirmed. Goodman v. Doll (In re Doll), 2023 U.S. App. LEXIS 1073 (10th Cir., 18 January 2023). The case involved the u...

12/02/2022

Good decision from Judge Mark in Miami, when file updated means test based on change of income after bankruptcy is filed in chapter 13, national and local standards should also be the most current version rather than version in effect when case was originally filed.

In a case that can make a difference in a number of chapter 13 cases, Judge Mark in the Southern District of Florida ruled that when an amended means test is filed in chapter 13, the standard expenses allowed on the means test should be those in effect on the date the amendment is filed,...

11/11/2022

Hope everyone has a great Vererans Day, and Thank you to all who served.

10/01/2022

Federal disaster assistance website

09/30/2022

Tax reliefrelief available from IRS

FL-2022-19, September 29, 2022 — Victims of Hurricane Ian that began September 23 in Florida now have until February 15, 2023, to file various individual and business tax returns and make tax payments, the Internal Revenue Service announced today.

06/07/2022

Southern District court finds order determining Fla. DOR claim has priority status is final order, thus dismissing late appeal after order confirming chapter 11 plan. https://hillsboroughbankruptcy.com/?p=6514&preview=true

01/04/2022

Texas bankruptcy court rails against 'shotgun pleadings.' https://hillsboroughbankruptcy.com/2022/01/04/texas-bankruptcy-court-requires-amendment-of-shotgun-pleading-complaint/

12/10/2021

Judge Grossman touches on personal jurisdiction of foreign national, triggering creditor re statute of limitations (4 years may not be the limit), and failure to state a claim in fraudulent conveyance opinion. In re Bal Harbour Quarzo, LLC, 2021 Bankr. LEXIS 3298, case #18-11793-SMG, Adv 20-01079-SMG (Bankr. S.D. Fla. 3 December 2021. https://hillsboroughbankruptcy.com/.../ft-lauderdale.../

10/21/2021

If a cause of action arises post-petition in chapter 13, counsel needs to amend schedules to add it to the list of assets. In Storey v. Capital Link Mgmt., LLC, 2021 U.S. Dist. LEXIS 200937, case no 2:21-cv-00293-SPC-NPM (M.D. Fla. 19 October 2021) district court denied motion to dismiss FDPCA action for repeated postpetition collection attempts by creditor after repeated cease and desist letters due to failure to amend schedule B to disclose asset, but indicated might have granted absent the partial disclosure of the cause of action in the motion to employ special counsel, and the provision in the order confirming plan requiring contribution from proceeds of suit in order confirming plan.

Similar issue Stevens v. Whitmore (In re Stevens) 2021 U.S. App. LEXIS 31330, case no 20-60044 (9th Cir., 19 Oct 2021) Circuit affirmed bankruptcy court finding that even though claim was listed in statement of financial affairs and discussed with trustee, since not on schedule B trustee's report of no distribution and closing of case did not abandon claim, and allowed reopening of case to trustee to settle prepetition claim with mortgage servicing company with all funds going to estate.

10/15/2021

Pending Lawsuits when Bankruptcy Filed
What happens when there is a lawsuit when you file bankruptcy? For most credit card, repossession, debt collection lawsuits, they are simply dismissed when the bankruptcy is filed. Even if a judgment is obtained, the bankruptcy can usually eliminate these debts, though if a levy or garnishment was filed this could cause problems.
Some other suits, such as one setting alimony or child support, or ones asserting debts cannot be eliminated in bankruptcy, may be stopped temporarily but the bankruptcy court will often decide to allow them to continue in state. For more detail on these issues see full post here
https://hillsboroughbankruptcy.com/2021/10/15/what-happens-to-pending-lawsuits-judgments-when-bankruptcy-is-filed/
Michael Barnett has been board certified in consumer bankruptcy law by the American Board of Certification since 1993, and is AV rated by Martindale Hubbell*. AV Preeminent®: The highest peer rating standard. This is given to attorneys who are ranked at the highest level of professional excellence for their legal expertise, communication skills, and ethical standards by their peers.
Michael Barnett
813 870-3100
https://hillsboroughbankruptcy.com

• AV® , AV Preeminent® , Martindale-Hubbell DistinguishedSM and Martindale-Hubbell NotableSM are Certification Marks used under license in accordance with the Martindale-Hubbell® certification procedures, standards and policies.

10/12/2021

Arizona court reviews procedures for removing state court case to bankruptcy court in another state.

In remanding a case back to Arizona state court, an Arizona district court decision found that the case was never properly removed to the federal district court, and it may not have jurisdiction over the matter. Great Western Bank v. Clear Vision Express Tucson 2 LLC, 2021 U.S. Dist. LEXIS 193166, c...

08/30/2021

Judge Mark rules that Unscheduled claim filed after bar date is dischargeable if claim filed in time to share in distribution.

It is not terribly uncommon for a creditor to be omitted from the list of creditors when a case is filed. If it is a no asset case, often courts will allow the addition of the creditor, and such debt will be discharged (absent allegations of the type found in §523(a)(2), (a)(4), and (a)(6). However...