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
By Filed Under: Bankruptcy Practice
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
By Filed Under: Bankruptcy Practice
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 […]
Getting Started In Bankruptcy Law
By Filed Under: Bankruptcy Practice
Everyone new to bankruptcy needs a guide to this specialized legal realm. Just as you can’t tell the players without a scorecard, it’s hard to make heads or tails of bankruptcy law when it’s new to you. Jon Hayes has what you need to tell priorities from the absolute priority rule. Exemptions from exclusions. Denial […]
Untangling The Converted Case
By Filed Under: Bankruptcy Practice
Conversion of a chapter 13 case to Chapter 7 usually comes amid some sort of train wreck. The debtor has defaulted on plan payments, decided to surrender the house, or even got a loan modification that allows him to keep the house. Often, there is pressure to convert the case before it is dismissed. In […]
Unfair Loan Modification Practices Rejected By 9th Circuit
By Filed Under: Bankruptcy Practice, Cases new & significant, Real property
Promising a loan modification and failing to deliver, after pocketing trial mod payments, isn’t fair, said the 9th Circuit in Oskoui. And if it isn’t fair, it can be actionable under California’s Unfair Competition Law (B&P 17200). Not to mention constituting a breach of contract. Thus, there do seem to be some limits on […]
Picking Your Chapter 11 Teammates
By Filed Under: Bankruptcy Practice
Professionals in Chapter 11 have to be “disinterested“; make sure they are also capable. In two recent cases, the estate has employed professionals connected to the debtor in his pre filing past. It’s often the case that accountants and tax preparers come with familiarity with the debtor that seems useful. You think that it’s economic […]
