The Smart Way To Cut The IRS Out

Like so much in life, it’s all about timing I revisited an older post here about delaying the filing of a bankruptcy til the New Year when the debtor expects to owe taxes in April. A Chapter 13 filed in January can include and pay the taxes associated with the tax year ending in December. […]

Cautionary Tale re Bankruptcy, Attorneys and Notice

How often has your bankruptcy client presented you with a copy of a complaint or an abstract of judgment for inclusion in their list of creditors? On the face of the pleading, you have the name and mailing address of the creditor’s lawyer. But is that good enough for a bankruptcy discharge? A recent case […]

4 Reasons To Keep Time Records No One Discusses

Mention keeping time records to a bankruptcy lawyer and you’re likely met with expressions of utter revulsion. I swear that all too many assert that the major appeal of being a bankruptcy lawyer is precisely that they don’t have to keep time. Between flat fee deals with clients, and no look fees in Chapter 13, […]

Getting Started In Bankruptcy Law

Everyone new to bankruptcy needs a guide to this specialized legal realm. Just as you can’t tell the players without a scorecard, it’s hard to make heads or tails of bankruptcy law when it’s new to you. Jon Hayes has what you need to tell priorities from the absolute priority rule.  Exemptions from exclusions. Denial […]

Tax Audit Aftermath-Did You Tell The State?

One of the bedrock pieces of the discharge of taxes in in bankruptcy is the requirement to have filed a return. No return, no discharge of that year’s taxes. But it gets more nuanced:  in California when the feds audit the debtor and change any of the elemental figures in a filed return return, the taxpayer […]

Who Wants To Get Paid?

Anyone interested in attorneys fees? Are you filing adversaries and motions to collect money from creditors and other miscreants? Then it’s worth looking at two snippets about attorneys fees that have floated across my radar screen. FRCP 54 One of the participants at the Litigating on a Shoe String roundtable at the NACBA convention pointed […]

The Chasm Between Judges & Bankruptcy Attorneys Over Fees

Why is there such a gap between consumer attorneys and bankruptcy judges over attorneys fees? It sometimes feels like the bench believes that every dollar a debtor’s lawyer gets is of questionable legitimacy.  Yet the same judges roll their eyes, at least figuratively, at the competence and preparation of those same lawyers. Think there might […]