Even when the contentions against a debtor-spouse sound in fraud, breach of fiduciary duty, or intentional tort, the claims of the debtor’s spouse survive a Chapter 7 discharge. Despite the fact that those sorts of claims against anyone other than a spouse would require a timely filed adversary proceeding to escape discharge. So held the […]
Sneak Attack On Consumer Rights
Tax code changes effective in 2018 inflicted a crippling blow to consumers who must sue to enforce their rights. And few have yet noticed. The tax deduction for miscellaneous itemized deductions under IRC Section 212 is gone. So now, consumers who prevail under statutes that award attorneys fees to the successful plaintiff are denied a […]
When Laws Collide, You Need The Right Word
As lawyers, words are our stock in trade. If we want to describe, explain, or persuade, we need to use the right word. The difference between the almost right word and the right word is really a large matter – ’tis the difference between the lightning-bug and the lightning. MARK TWAIN I was blown away […]
Why listening is a bankruptcy lawyer’s superpower
The initial meeting with a prospective bankruptcy client is the most important work I do as a bankruptcy lawyer. It’s also the hardest. The results of that meeting lay the groundwork for the entirety of the case. The challenge is establishing rapport with an utter stranger, who’s in distress, and persuading them to spill all […]
Chapter 13 NoLook Fees: Fair vs. Affordable
I’ve long campaigned for compensation of bankruptcy practitioners that recognizes the practitioner’s skill set and the complexities of this practice. Without real-world compensation, bankruptcy can’t compete for legal talent. Alongside that campaign, I’ve expressed my concern about what Bill Rochelle calls the overlegalization of consumer bankruptcy. I see that in the increasing, and needless in […]
Debt Buyers Pay A Lot Post-Taggart
You know it won’t go well for the creditor in a discharge violation case when the opinion opens by characterizing the debtor as a single mother and registered nurse who discovers her $20K bank balance is now negative. And sure enough, the debt buyer trying to collect a two-decade-old credit card debt ended up $64,000 […]
Sua Sponte Monetary Sanctions Against Counsel
The 9th CIr. BAP erected a high bar for the imposition of monetary sanctions against counsel in its recent decision in Franz. Despite some ugly facts and imperfect lawyering, the BAP overturned $5000 in sanctions against a Chapter 13 debtor’s lawyer, finding counsel’s conduct did not rise to a level akin to contempt of court. […]
