Clouds of uncertainty have hovered over Chapter 13 debtors who find that they need to sell appreciated property before the case is over. Does appreciation occurring after filing go to creditors on the theory that the appreciation is property of the estate? Or does the vesting of property at confirmation entitle the debtor to any […]
Taxes & Timing: Calculating Outcomes for Bankruptcy Debtors
By Filed Under: Tax
Bankruptcy lawyers regularly evaluate the dischargeability of taxes when deciding when to file a client’s bankruptcy case. At base, the 3 year rule, the 2 year rule, and the 240 day rule routinely drive timing of a bankruptcy. But as we approach the end of the tax year, a client’s current year tax situation becomes […]
First Principles For First Meetings
By Filed Under: Bankruptcy Practice
Once again, I sat in a 341 meeting where the trustee purported to deliver vital information to the assembled debtors. She had a captive audience of anxious listeners. She had ostensible power of life and death over their financial future. They needed to know what she had to say. But as communication, it failed. Badly. […]
PACE Loans- New Subprime Debts
By Filed Under: Bankruptcy Practice
Presentation November 2017 NCLC Consumer Litigation Conference 1 NCLC PACE Presentation final
When Worlds of Bankruptcy & Family Law Collide
By Filed Under: Family Law in Bankruptcy
Bankruptcy, actual or threatened, can cause a genuine disruption in the force when divorce is on the table. That collision can be liberating or disruptive, depending on the timing of a bankruptcy filing and the goals of your client. Because the fallout from a bankruptcy case can be overwhelming, family lawyers need a working knowledge […]
When The Means Test Is Meaningless
By Filed Under: Means test
A local bankruptcy attorney stumbled over the most basic part of the means test. Just this week… nearly 15 years after the bankruptcy “reform” act of 2005. I thought we were several years past bankruptcy attorneys clueless about the means test. But apparently not. This fine fellow told a couple that they couldn’t file Chapter […]
The Means Test Tax Projection When Taxes Aren’t So Certain
By Filed Under: Means test
Nothing is certain besides death and taxes. We know the old saw. But what’s a bankruptcy lawyer to do when the amount of the future taxes is not so certain. I wrote earlier about calculating the projected income tax deduction on the means test when the year of filing situation looks much like last year. […]
