Archive for November 2019

“Pursuant to section 1327(a) and consistent with Espinosa, Wells Fargo is bound by the terms of the 6MP, even though the 6MP violates the anti-modification provision of section 1322(b)(2). In re Passavant, 444 B.R. 378, 385 (Bankr. S.D. Ohio 2010) (relying on section 1327(a) and Espinosa in granting a motion to deem post-petition mortgage obligations…

“The Bankruptcy Code outlines a strict framework for the retention and compensation of estate professionals. Estate professionals must be retained in accordance with 11 U.S.C. §327, which requires, generally, that the estate professional must be “disinterested,” meaning the professional “is not a creditor, an equity security holder, or an insider”. 11 U.S.C. §101(14). Consequently, with…

“Charging liens are a creation of state law and thus the Court looks to Florida law to resolve these issues. To impose a charging lien, an attorney must establish four required elements: (1) an express or implied contract between attorney and client; (2) an express or implied understanding for payment of attorney’s fees out of…