Don’t overlook the ability to keep your client and any litigation that you want or need to go forward post petition together, in bankruptcy court. You can keep them together by removing pending state court actions to bankruptcy court. I say “bankruptcy court” because that’s almost inevitably where the case, removed according to statute to […]
BankruptcyMastery Chosen One of Best Blogs of 2013
Bankruptcy Mastery was selected one of the 100 top Blawgs of 2013 by the American Bar Association! I’m blown away. Mastery serves such a distinct segment of the law world that I never expected that anyone beyond bankruptcy lawyers, and new bankruptcy lawyers at that, would notice. But someone did notice (thank you whoever nominated […]
Bankruptcy Rules And Forms Change
The only thing constant is change, we’re told. So, here are the important changes to the rules of bankruptcy procedure and the official forms effective December 1. Bankruptcy rules Rule 1007 now permits the provider of the personal financial management course to notify the court of the debtor’s completion thereof. The debtor is relieved of […]
The 50 State Treasure Hunt
Joint bank accounts present one of the most vexing problems for a bankruptcy lawyer. Too often, your client is a signatory on an account containing someone else’s money. The parties think a joint account is a convenience; often it’s a hedge so that the client can care for a parent or other dependent person should […]
What You Need To Know About Conversion Of Bankruptcy Cases
Sometimes, the most challenging questions for a bankruptcy lawyer come up well after the case is filed. New assets are disclosed Values are greater than expected Income falls Illness intervenes Catastrophic debts arise For whatever reason, your initial choice of chapter is now problematic. That’s when you have to understand which way to go, now. You […]
Do You Believe in Magic Exemptions?
I commend to you 11 U.S.C. 522(c). For therein lies a magical tool even for the client who has non dischargeable debts. It boils down to this: exemptions, like diamonds, are forever. Once an exemption is allowed in a case that isn’t dismissed, that property is forever beyond the reach of creditors whose claim arose […]
What No One Told Me About Adversary Pleading
When I learn something new about bankruptcy after 30 years of practice, I don’t know whether to be ecstatic or scared witless. But learn something I did when I read the ABI Journal’s article on FRBP 7008(b). In short, FRBP 7008(b) requires that claims for an award of attorneys fees in an adversary complaint must […]
