Do you remain on watch in your client’s Chapter 13 after confirmation? The attorney for the couple in my office yesterday apparently thought she was off duty after confirmation. As a result, the debtors paid more than $30,000 to the wrong creditor, the mortgage arrears weren’t paid, and their case is on the verge of dismissal […]
Time Can Be On Your Side
Lucky us. Not. We have a new, multipage model Chapter 13 plan in several Bay Area divisions. It exalts mathematic precision over the intentions of the plan. Have the wrong number for the fixed monthly payments to particular creditors, and the money is distributed, willy-nilly, to unsecured creditors. (There are other idiocies that I will surely […]
Fleshing Out Incorporation Before Bankruptcy
As Miss Manners might say, you, Gentle Reader, have a secret fan. A fairy god-lawyer, so to speak. She’s my law partner who watches the new bankruptcy lawyers around us, and pokes me: “You’ve got to tell them ….” Fill in the blank for the topic du jour. Renee thinks there’s more you should know […]
I Assume, Redux
If there are 50 ways to leave your lover, there must be 150 ways that your bankruptcy client can get it wrong. And at the end of the day, you risk taking flak for the screw up. Fair or not. So I’ll share this week’s dust up in my office and maybe we all can […]
Chapter 7 Risks Everything For Operating Business
Shut the business down, the Chapter 7 trustee told debtor’s counsel. Or get an order allowing continuing operation. My addition to the litany: bring a motion to abandon. Why order shutdown? The debtor was a partner with his parents in a restaurant that they wanted to continue to run. Yet somehow, no one had considered […]
Neat Bankruptcy Skill: Severing Spouses
Every time I contemplate severing a joint bankruptcy case, the traditional Anglican wedding service echoes: Those whom God has joined together, let no one put asunder. Then I excuse myself, since it was either the attorney or the debtors that elected a joint case, not the Almighty. And I proceed to make two bankruptcy cases […]
Jazz Up Your Bankruptcy Practice
Meet me in New Orleans. That’s where the bankruptcy action will be at the end of October. It’s NACBA’s 2013 Fall Workshop But early-bird sign up is over at the end of this week, September 6th. Three tracks With longer sessions for more in-depth treatment, the workshop is organized into three tracks Fundamentals Evidence, Mortgages, […]
