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Bankruptcy Attorney Sanctioned for Sloppy, Improper Billing

Submitted by ckanon@abi.org on
A bankruptcy judge ruled that a consumer bankruptcy attorney has to return client payments in 17 chapter 7 cases where he improperly billed for services and failed to provide appropriate required disclosures, Bloomberg reported. J. Ken Gallon failed to properly disclose his compensation to the court or the source of such payments; he charged unreasonable fees; and he allowed legal fees to be paid before case filing fees were paid in full, wrote Chief Judge Terrence L. Michael of the U.S. Bankruptcy Court for the Northern District of Oklahoma. At the center of the court’s problems with Gallon’s practices was his use of what the court called the “BK Billing Model.” BK Billing is a Utah company that factors receivables for consumer bankruptcy attorneys. It essentially buys the attorneys’ receivables for about 75 percent of their face value. Many, including ABI’s Commission on Consumer Bankruptcy, have highlighted the problem of access to chapter 7 for consumers unable to pay fees up front, because an attorney can’t collect on a pre-petition debt after the case is filed. Currently, many of these debtors are compelled to file for chapter 13, which allows for paying attorneys fees over time, but is also significantly more expensive, time-consuming and far less successful in discharging debts. BK Billing proposes a system where the debtor enters into two separate agreements with his bankruptcy attorney: one for services rendered prior to the filing and another for post-filing, or post-petition, services. Gallon had sloppy record-keeping, and the required disclosures he filed were often inaccurate and failed to indicate when he was paid from advances by BK Billing, which would subsequently collect monthly payments from the client. Worse, the court was “troubled by Gallon’s practice of charging a higher fee to his clients that use the BK Billing Model than to his conventional clients.” However, BK Billing cautions lawyers not to charge clients a premium when they use the company’s services. The court voided Gallon’s post-petition contracts and ordered him to return whatever the debtors wound up paying to BK Billing. He could keep the funds that were paid by the clients directly to him, it said. The case is In re Wright, 2018 BL 318559, Bankr. N.D. Okla., 17-11936, 9/4/18.

Celebrity Chef Mike Isabella Declares Bankruptcy in Wake of Sexual Harassment Lawsuit

Submitted by ckanon@abi.org on
Mike Isabella, the celebrity chef whose company once included more than a dozen restaurants, several stands at Washington, D.C.’s Nationals Park and a 41,000-square-foot food hall at Tysons Galleria in Northern Virginia, filed for chapter 11 protection for his businesses yesterday in federal court, the Washington Post reported. It’s a major setback to the chef and his Mike Isabella Concepts, which just a year ago could seemingly do no wrong in Washington. But a sexual harassment lawsuit, filed in March, was the first public crack in the Isabella empire, and it had an almost immediate effect on sales and led directly to the Washington Nationals cutting ties with the chef. It also affected the media coverage of Isabella restaurants, including an outright ban of his eateries on all Eater lists and maps.

Changes to Bankruptcy Court Miscellaneous Fee Schedule Effective Sept. 1

Submitted by jhartgen@abi.org on

Twenty-one changes to fees included in the Bankruptcy Court Miscellaneous Fee Schedule effective Sept. 1 are to be charged for services provided by the bankruptcy courts. Some of the updated charges include:

1. a. For reproducing any document and providing a copy in paper form, $.50 per page. This fee applies to services rendered on behalf of the U.S. if the document requested is available through electronic access. b. For reproducing and transmitting in any manner a copy of an electronic record stored outside of the court’s electronic case management system, including but not limited to, document files, audio recordings, and video recordings, $31 per record provided. Audio recordings of court proceedings continue to be governed by a separate fee under item 3 of this schedule.

2. For certification of any document, $11. For exemplification of any document, $22.

3. For reproduction of an audio recording of a court proceeding, $31. This fee applies to services rendered on behalf of the United States if the recording is available electronically.

For the updated Bankruptcy Court Miscellaneous Fee Schedule effective Sept. 1, please click here

Bankruptcy Report Gives Details on 2017 Filers

Submitted by jhartgen@abi.org on

Consumers filing for bankruptcy in 2017 reported aggregated assets of $80 billion and aggregated total liabilities of $105 billion, according to an annual report filed by the Judiciary with Congress, according to a DOJ press release. The report, required by Congress under the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, describes the activities of individuals with predominantly consumer debt. Some highlights of the report are:

  • Sixty-two percent of assets were real property, and the remaining assets were personal property.
  • The median average income reported by debtors was $2,741 a month, and the median average monthly expenses were $2,645. A total of 742,323 consumer bankruptcy petitions were filed in 2017, 1 percent fewer than in 2016.
  • About 61 percent of the petitions were filed under Chapter 7, in which a debtor’s assets are liquidated and proceeds are distributed to creditors, except for exempt assets. About 38 percent were filed under Chapter 13, in which debtors make installment payments to creditors under court-ordered plans. Debtors were able to successfully pay their debts in 48 percent of the Chapter 13 cases closed in 2017 – slightly less than the 52 percent reported in 2016.

Click here to read the full report. 

Consumer Lawyers Win Class Treatment for Think Finance Borrowers

Submitted by jhartgen@abi.org on

A judge yesterday gave the green light to consumer lawyers who want to pursue class action treatment for one million people who they say were victimized by predatory lending at the hands of Think Finance LLC, WSJ Pro Bankruptcy reported. The decision by Judge Harlin Hale of the U.S. Bankruptcy Court in Dallas was a win for lawyers in Virginia, Florida, California and nationwide, who were suing Think Finance when it filed for chapter 11 protection in October 2017. Fewer than 5,000 consumers responded to a call for bankruptcy claims, and each of those people would have had to debate Think Finance in court over the merits of their claims if Judge Hale had sided with the company in the quarrel over whether class proofs of claim would be allowed. Think Finance denies victimizing consumers, and insists it is just a financial services technology provider that facilitates online lending by others. However, Pennsylvania Attorney General Josh Shapiro and consumer lawyers sued, accusing Think Finance of using Native American tribes as fronts to make otherwise-illegal loans to desperate, low-income people.