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 […]
Hold Your Questions (Til Friday)
I’m packing up for NACBA’s Fall Workshop in Amelia Island, starting with the Thursday night beach party. Assuming Hurricane Sandy doesn’t have me sleeping on the floor in an airport between Northern California and Jacksonville, I hope to see lots of readers there. I’m carrying my deck of blank index cards to capture your suggestions […]
Arm Yourself For Battle With Creditors
Most contests have rules. Charny wrote on medieval jousting; Hoyle on cards; Queensberry on boxing. Rule 9014 provides the rules of bankruptcy disputes. 9014 recognizes contested matters: disputes in bankruptcy cases that don’t require an adversary proceeding but do require the court to decide a disputed issue. You can hardly be an effective player if […]
Property That Has Come And Gone
Life has a way of moving on, even when the client is in a Chapter 13. Assets come and go, life gets better or sometimes worse. The direction of travel changes. When a Chapter 13 case converts to Chapter 7, bankruptcy lawyers struggle with what assets the Chapter 7 trustee can liquidate. The facts in […]
