Analyzing The Troubled Chapter 13: 20,000 Questions Under The Surface Of The Case

After the pandemic, when the economy lurches back into motion, bankruptcy lawyers will confront a clutch of troubled Chapter 13 cases. In the face of disruption, distress, and the unknown, we’ll be called on to guide clients forward, in one direction or another. Let’s review the questions we’ll need to answer in order to provide […]

Coronavirus & The Law

In the face of pandemic and economic stasis,  information is both vital and fleeting. I’m going to collect here links to sources of information  useful to consumer lawyers as I find them. As always, check the dates on the linked resources, as I fully expect change, and more change as we work our way through […]

Charting The Course of A Case

Planning the bankruptcy often determines whether the case succeeds or fails. To obtain good results for a bankruptcy client, sometimes you have to serve up unpleasant news and force the client to swallow that bitter pill. Hum a chorus of You Can’t Always Get What You Want. Of course, you can’t really force them to […]

Black Decision Sheds Light On Vesting Questions

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

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

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

Presentation November 2017  NCLC Consumer Litigation Conference 1 NCLC PACE Presentation final