Didn’t someone wise say that the road to hell is paved with good intentions? So, my subject today is the need to have the client’s actual signature on each document filed with the court. It should be obvious and go without saying. Yet the point apparently needs to be made. The observations of colleagues in […]
Pick Bankruptcy, Take Care of The Tax
The rule that Uncle Sam comes first, in bankruptcy, can be a life saver, even if the debtor is going to lose everything in the process. I was brainstorming with a colleague about his client who was about to suffer a huge judgment in state court. There were virtually no other creditors that made bankruptcy […]
Five Reasons To Break Up Couples
Consider that your job as a bankruptcy attorney may be to separate married couples. Huh, you say? Doesn’t the traditional wedding ceremony include the charge that “what God has joined together, let no man put asunder“? (I’ll let you know more when I’ve Googled “asunder“). But I suggest that although the code permits married couples […]
Are You Throwing Your Bankruptcy Client To The Predators?
Behind every IRS tax audit lurks the state taxing authority. Fail to give the state its due, and the tax in question may be non dischargeable. I had to dredge this tidbit from memory last week when we were looking over the tax transcript for a client who had been audited by the IRS and […]
The Bankruptcy Thigh Bone Is Connected To The Hip Bone
The entire mass of information in the bankruptcy schedules is interconnected in ways our clients don’t always perceive. However, if they don’t get the interconnection, they may get a rude surprise. I have a list of Do’s and Don’ts that I give clients at the conclusion of our initial consultation. Got more evidence this week […]
What To Say When You Have No Answer
What do you do when you don’t know the answer to a bankruptcy client’s questions? After all, you’re a bankruptcy lawyer. Divorce lawyer Lee Rosen lists six sound responses to the question you can’t answer off the top of your head. His favorite is “I don’t know, but I’ll get back to you”. I find […]
Think Beyond The Means Test
It started as a means test question: could emergency medical expenses be deemed non consumer debt. It ended up as a step back to get the bigger picture. Well seasoned bankruptcy counsel brought the fact pattern to a list serve of colleagues. The prospective debtors’ income in a small consulting corporation is declining, his health […]
