Now that the real estate market in my area is improving, we are dusting off another of our little used skills to effect sales of property during a Chapter 13: the sale free and clear of liens.
The … [Continue reading...]
Why would a Chapter 7 trustee shut down a proprietorship business with no value?
That question comes up again and again from newish bankruptcy lawyers who can't imagine that a trustee would demand … [Continue reading...]
Getting things done and off your desk is usually a good modus operandi for an attorney.
But sometimes, waiting until the last minute is better.
The Required Bankruptcy Courses
Since 2005 when … [Continue reading...]
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 … [Continue reading...]
Thou shalt not file bankruptcy for a corporation.
It's almost a commandment in my practice.
But for every rule, there is an exception and the man sitting in front of me called on the … [Continue reading...]
Not every expenditure that benefits the debtor's household or his family is a household expense.
And, if it's not a household expense, it doesn't get added to CMI in a single spouse bankruptcy … [Continue reading...]
In rem is nifty sounding Latin, the original language of lawyering.
It's defined as an action "against a thing". It concerns the property, rather than the person.
In bankruptcy we encounter it … [Continue reading...]
I'm a certified consumer bankruptcy specialist, Northern California chair for the National Association of Consumer Bankruptcy Attorneys, on a mission to help lawyers become better bankruptcy practitioners.