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 […]
The Worm In The Debt Forgiveness Offer
Letters in the client’s mailbox superficially offer great news: the junior mortgage will be forgiven! That good news just adds on a new facet to our job description: spotting possible tax consequences and alternatives for our clients by reason of tax on cancellation of debt. As the National Mortgage Settlement gains momentum, we can expect […]
Does Your Intake Process Make For Happier Clients?
“My staff is spending too much time on the phone with clients: how do I stop it and make us more productive?” That was the question raised at our workshop last weekend on technology, marketing and office management. On the one hand, if you are going to do good work and distinguish yourself from the […]
