No matter how many hoops the client dutifully jumped through, without adequate inquiry and communication, the bankruptcy attorney was slammed for unbundling his services. The representation agreement at issue excluded representation in any adversary proceeding filed, as do most such agreements, I imagine. The client initialed every paragraph of the 19 page representation agreement, and […]
Hearsay Exception: How Do I Get This Into Evidence?
Quick: tell me everything you know about Federal Rule of Evidence 803(17)! If you’re like me, there’s deafening silence. I’ve apparently skated through forty years of bankruptcy practice without really considering how Kelly Blue Book figures get into evidence. If it worked, I just went on. (Hint: it’s FRE 803(17). But a change in California […]
Wrestling With The Means Test
The timeless questions asked by mankind include “why are we here“, “which came first…” and “coffee or tea“. Bankruptcy lawyers wrestle with “which controls, b-22 or Schedules I and J“. My argument is: if Congress wanted a means test, then the means test controls, unless you show special circumstances. But if I minus J controls, […]
Your Help Needed With Consumer Attorney Fee Survey
Can I assume you’d like some authority to back up your next application for fees? The US Consumer Law Attorney Fee Survey Report , published for 20 years by Ron Burdge provides just that authority. It’s free and far ranging. So, do your part by taking the survey online to get current information on fees in multiple […]
Delinquent Utilities and Disconnection Under New Bankruptcy Provision
Bankruptcy debtors with delinquent utility bills got a measure of protection from interruption in their service under an amendment to the Bankruptcy Code in the omnibus spending bill enacted December 27,2020. Individual debtors cannot have their utilities disconnected as long as they make some payment for service provided after filing promptly after the commencement of […]
Chapter 13 Discharge Expanded by COVID Relief Legislation
Chapter 13 debtors got a huge “gift” among the COVID relief provisions of the Consolidated Appropriations Act of 2021, signed December 27, 2020 by the president. Debtors may get a full -compliance discharge of dischargeable debts if they have a residential mortgage and have not made all the payments required by their plan. See the […]
Cars & Bankruptcy: What You Must Know To Get It Right
It’s time for a summary and refresher on dealing with car loans in bankruptcy. Somehow, my staff hit a wall this week on what information we needed about cars and car loans. Then, we stumbled on what to do with that information. So, here’s my roadmap to cars in bankruptcy. Fasten your seat belt: here we […]
