Young lawyers just learning bankruptcy practice seem to have missed the portions of the Bankruptcy Code that allow a debtor to convert a case under one chapter of the Code to a case under a different chapter. All too often, when it looks like the client is in the wrong chapter, they propose to dismiss […]
Bankruptcy Cases Not Predictably Simple
I’ve been aghast at the willingness of lawyers brand new to bankruptcy practice to take on cases and issues far beyond their current competence. I’ve tried to gently counsel that both self preservation and the client’s best interest require the inexperienced to pass on cases beyond their present skill set. I realized just how glib […]
Surrendering Property in Bankruptcy
Apart from Selling your home in a stress-free manner, many things are revolving around properties that you need to know. Your client’s statement that he is surrendering property in his bankruptcy case is nothing more than a statement of future intentions. Intentions can be changed, and action is required to actualize that intention. An intention […]
New Bankruptcy Lawyers, Google On
Lawyers setting up a new bankruptcy practice often want to know which of the legal research giants they should use. Doing my research this morning for a presentation on the means test I’m giving to other lawyers, I needed case authority on whether taxes were a consumer debt for purposes of Section 707(b). My search […]
Beyond The Client’s Preconceptions
The clients were in my office considering bankruptcy because of nasty litigation approaching trial. While they would undoubtedly win, the expense was enormous. Even victory in court would ruin them. As we talked about their financial situation and their eligibility for bankruptcy, it came out that there were two liens on their house . On […]
Attorney as added-value at 341 meeting
The lawyer’s presence at the 341 meeting often seems superfluous. A good 341 meeting is when the only words I utter are to enter my appearance for my client. My role is usually to remind the debtor to keep breathing and to tease them about their worries over the meeting afterward. Yet two incidents yesterday […]
Struggling with “adequate protection”
The bankruptcy code seems strangely inarticulate about adequate protection: what are we protecting and how do we measure “adequacy”? It’s not a term defined in §101. My class of new bankruptcy lawyers kept coming back to questions about adequate protection. The Code offers a roundabout explanation in § 361. We are protecting 1) creditors with an […]
