Crushing Tax Change For Injured Consumers

    Under the new tax law,  most damage awards a consumer recovers stand to go, in large part, to the IRS. So even if you are successful in vindicating your legal rights, the expenses of getting the award aren’t deductible from the gross award. The taxing authorities end up getting a large hunk of […]

IRS Trick I’d Never Seen Before

The third amended IRS claim in my client’s case added entries for an excise tax for 2015 and 2016. Excise tax?  New one on me where the debtor was a general contractor. I called the IRS agent on the POC for some hints as to what the tax was all about .  I needed to […]

Up Against The Wall(design)

Bankruptcy’s avoiding powers often turn otherwise unexceptional transfers on their heads. But who expected that an unsuspecting business would have to disgorge nine years of honestly earned payments because the customer paid with a check on his LLC? Welcome to the 9th Circuit’s decision in Walldesign. Paid with someone else’s money For nearly a decade,  […]

Jump Start Your Bankruptcy Research

The next best thing to being a fly on the wall in the judge’s chambers is having a copy of her cheat-sheet. Or maybe it’s better described as the overview and the starting point for the next bankruptcy decision. So, don’t forget about Judge Newsom (Retired) & Judge Novack’s bankruptcy research binder available on line. […]

They’re Changing the Rules On Us

Come December, the Bankruptcy Rules will change again. So, I’ve got a shout out to Chapter 13 Trustee Beverly Burden who created a great table of the changes. Her chart includes the What, When, Where, and How, but also her comments on the effect of the change. I can add nothing to her great work, […]

Cautionary Tale re Bankruptcy, Attorneys and Notice

How often has your bankruptcy client presented you with a copy of a complaint or an abstract of judgment for inclusion in their list of creditors? On the face of the pleading, you have the name and mailing address of the creditor’s lawyer. But is that good enough for a bankruptcy discharge? A recent case […]

4 Reasons To Keep Time Records No One Discusses

Mention keeping time records to a bankruptcy lawyer and you’re likely met with expressions of utter revulsion. I swear that all too many assert that the major appeal of being a bankruptcy lawyer is precisely that they don’t have to keep time. Between flat fee deals with clients, and no look fees in Chapter 13, […]