For six months, I’ve been writing this blog for newish bankruptcy lawyers, trying to imagine what it is that I know about this practice that you, as a newcomer, needs to know sooner rather than later. I’ve shamelessly lifted stories from my clients and those of my local newbies to write about here. I’ve snatched [...]
Tag Archive: bankruptcy practice
The Many Hats of a Bankruptcy Lawyer
Lee Rosen, a well known family lawyer, described the demands of his practice thus: Family law attorneys live in an information deprivation zone. They need to know more than they can possibly remember. They’ve got to master the fundamentals of family law. On top of that, they must have a working knowledge of property law, [...]
Bankruptcy Lawyer’s Weapon of Choice
How do you make your first assault on a contested matter in bankruptcy? Pick up the phone to your opponent! Countless times, a new bankruptcy lawyer gets an objection or opposition and indulges in a reflexive question about what kind of pleading to file or counter manoevre to initiate. Their first move should be to [...]
Who Needs To Learn More Bankruptcy Law?
Since the Fundamentals of Bankruptcy course came out, I’ve talked with a number of new bankruptcy attorneys who report that they are waiting for later offerings, since they’ve already filed a number of petitions and feel they have that aspect of the practice down pat. One lawyer reported that he had filed 10 cases, so [...]
What, Me Worry?
Do you think I worry about these issues too much? the rookie bankruptcy lawyer asked me. The issue was exemption planning and the question was whether instituting an IRA and funding it for the current year before filing was a transfer, and if so, would it be objectionable to a Chapter 7 trustee. We went [...]
When Delaying The Discharge May Benefit The Debtor
Ever read, much less used, FRBP 4004(c)(2)? Have to say I’d done neither until Judge Christopher Klein mentioned it at a bankruptcy seminar earlier this year. He told the group that he had learned about it from a pro per who cited it to him in a dispute in a Chapter 7. So what’s this [...]
Warning Signs Of A Complex Bankruptcy Case Exposed In The Consultation
Is an initial consultation an opportunity to prevent problems later on in the case? Should you be doing more? I’ve taken my swipes at my clients’ previous lawyer in a prior post for either missing or ignoring issues that needed to be picked up and addressed in the schedules and the Chapter 13 plan. Some [...]
Learning Bankruptcy On The Job Victimizes Clients
I admit, up front , that I’m steamed. The clients in my office have a pending Chapter 13 case. They made an appointment with me because their bankruptcy attorney missed a hearing and doesn’t return their phone calls or respond to their questions. The trustee has a three page objection to confirmation. As I looked [...]
Bankruptcy Checklist: Social Security Numbers
Do you check the client’s proffered Social Security number against the number on their tax return? I’d never thought to do so til my partner returned from a 341 meeting with this story. She was sitting waiting for our client’s turn at a first meeting of creditors when the trustee asked a debtor about [...]
Bankruptcy Abuse & Schedule J
The debtor passed the means test but lost a motion to dismiss for abuse of the bankruptcy system. Schedule J, the debtor’s projected future expenses, showed a monthly excess of $500. Dollars to doughnuts, the debtor’s bankruptcy lawyer followed the form and the budget provided by the client. Dismissal resulted. What happened here? Two [...]