In re Puffer (Puffer #2)
May 06, 2013OUTCOME: Bankruptcy court reversed; lawyer should have his fee.
Whether lawyer should receive usual bankruptcy compensation for testing a theory approved elsewhere but ultimately denied locally.
Springfield;, MA
Bankruptcy and debt Lawyer at Springfield;, MA
Practice Areas: Bankruptcy & Debt
OUTCOME: Bankruptcy court reversed; lawyer should have his fee.
Whether lawyer should receive usual bankruptcy compensation for testing a theory approved elsewhere but ultimately denied locally.
OUTCOME: Circuit level appeal successful; No outright prohibition of fee-only Chapter 13 filings where debtor does not have all Chapter 7 fees upfront before filing.
Whether a debtor can file a fee-only Chapter 13 case when s/he is not able to come up with the Chapter 7 fees and costs upfront, but needs a fresh start and prompt relief from collection efforts.
OUTCOME: Ch 13 debtor may have mortgage removed if insufficient notices given, lender's motion to Dismiss DENIED.
Chapter 13 debtor sued to rescind mortgage, remove lien on home, and treat debt as unsecured like a credit card.
OUTCOME: Settled
Settlement achieved on counterclaim asserting unauthorized practice of law by out of state counsel allegedly controlling bankruptcy discharge litigation placed with local counsel.
OUTCOME: Class action settlement
Statewide foreclosure law firm prohibited from sending unlawful deficiency notices.