The Massachusetts Attorney General recently settled a major consumer fraud case against subprime auto lender Credit Acceptance Corporation.
The case is long and complicated, but the issue that caught my eye is the argument about the true purchase price of
Continue Reading What’s the true price of that car? A story of Chapter 13 & Subprime Lending
Chapter 13 cases are three to five year payment plans. Creditors receive a monthly payment based on a debtor’s ability to pay, the type of debts they owe, and the amount of unprotected property they own.
But how does one
Continue Reading Paying the Chapter 13 Trustee
May a person contribute to 401(k) retirement plan during a Nebraska Chapter 13 case?
THE RULE PRIOR TO 2005:
Prior to the Bankruptcy Reform Act of 2005 the answer was fairly simple: No. Contributions to a 401(k) retirement plan are
Continue Reading 401(k) Contributions in Chapter 13 Bankruptcy Cases
A new Nebraska bankruptcy court opinion (In re Torres) answers the question of whether a debtor may hold a vehicle title in trust for another person who provided the funds to purchase the vehicle.
In Torres, the debtor’s sister lived
Continue Reading That’s Not My Car! Resulting Trusts & Motor Vehicles
The 8th Circuit Bankruptcy Appellate Court (BAP) has issued a new opinion baring excessive attorney fees involved in the use of bifurcated fee arrangements in Chapter 7 cases. See In re Allen, No 20-6023.
The United States Trustee, the
Continue Reading 8th BAP Court Denies Attorney Fees in Bifurcated Arrangement
I’ve received ten of these emails in the past year from the Babbs Law Firm based in Orlando, Florida:
“Good morning Attorney Turco,
My name is Terrylle, and I am reaching out on behalf of the Babbs Law Firm in
Continue Reading Bankruptcy Firm Using Local Counsel Model Sanctioned
The credit counseling profession has been turned upside down over the past 20 years. When I first started representing clients in bankruptcy cases, we would routinely refer clients to a Consumer Credit Counseling Services of Nebraska if we thought bankruptcy
Continue Reading Reinventing Credit Counseling
Nebraska bankruptcy attorney Patrick Patino and had a great conversation about the hot topic of bifurcated chapter 7 fees in Nebraska.
In a traditional chapter 7 case all fees must be paid before a case is filed. Why? Because unpaid
Continue Reading Bankruptcy Banter Podcast, Bifurcated Fee Discusion
The controversial use of bifurcated attorney fees in Nebraska chapter 7 cases has reached critical mass. We can expect US Trustee complaints to be filed against attorneys using BK Billing and Fresh Start Funding in the near future.
Under a
Continue Reading The Big Lie in Bifurcated Chapter 7 Fees
Most people think the bankruptcy process is just about wiping out debt. Indeed, discharging debt is the key mission of bankruptcy.
However, there is another important goal of the bankruptcy process: ensuring fair treatment of creditors. To achieve equality of
Continue Reading Avoiding Insider Preferences Payments to the Bank of Mom & Dad
