Adequate protection in operation seems to stump new bankruptcy lawyers. How does the adequate protection payment relate to the claim as a whole? How do you figure it? Who gets adequate protection? The knottiest question I took at Amelia Island (and the least satisfying answer) came in the Chapter 13 plan class about adequate protection. […]
Means Test & Chapter 13 Plan Slides
The slides from my presentations at Amelia Island last weekend can be downloaded here: https://www.bankruptcymastery.com/workshopslide/
My Choice of Nuggets From NACBA Workshop
Wrap up from Amelia Island NACBA Workshop Anytime you spend time rubbing shoulders with other committed bankruptcy lawyers, you learn something. Some learning occurs in the presentations. Some on the other hand is the product of what my fellow Californian Jay Fleischman calls hallway magic. Share, trade, question, complain to other bankruptcy attorneys in […]
Bankruptcy Ethics: Candor v. Confidentiality
Crack of dawn from Amelia Island: a crackerjack program on bankruptcy ethics with Judge Thomas Waldron; soon to be judge Cynthia Grimes; and Jill Michaux, Topeka Kansas bankruptcy practitioner. Premise: candor to the tribunal trumps the duty of confidentiality to the client. The rules that apply found in Model Rules Rule 3.3 The lawyer shall […]
Bankruptcy Case Law Update
I can’t type fast enough to summarize Henry Sommer’s comments on the cases, but I’ll list the cases Henry included in the Case Update. Hall v. US, 132 S. Ct. 1882 – do post petition capital gains taxes have priority Johnson v. Zimmer, 686 F.3d 224 household size when debtor has partial custody Flores, 2012 […]
Changes to Bankruptcy Rules
John Rao reported on rule changes that will become effective December 1. There are only three changes, including a change to the time for filing motions for summary judgment and one providing a requirement that debt buyers provide a summary of very specific information on the provenance of a purchased claim. Effort to redesign bankruptcy […]
From NACBA Amelia Island
Greetings from the NACBA 2012 workshop at Amelia Island. And it really does look like the picture. The morning opened with a poll of the 400 attendees of those who’d been affected by the Superstorm; Probably a quarter of the audience stood as having gotten here despite storm challenges. Almost an equal number of attendees […]
