The Chapter 13 Trustee almost snarled from the counsel table at last week’s hearings. Counsel’s “fix”, she told the court, put the debtor instantly in default. Huh? The amended plan was supposed to correct the previous defect in the filed plan. What’s the problem? Counsel certainly was befuddled. There were several such cases, […]
A Call To Action To All Bankruptcy Lawyers
My call to the inept bankruptcy practitioners to get better or get out spawned some surprising push back. I spoke bluntly about what I saw as harm to the public from less than competent or committed bankruptcy attorneys. Most reaction was supportive: A trustee wanted to use the piece for a presentation he […]
How Can I Help?
After I unloaded on the incompetence I saw in the courtroom last week, it’s only fair to ask: what are you struggling with? Is there something I can do to help? I’m here to share what I know, with an emphasis on fitting together the pieces of what you can learn from books or traditional […]
Get Better Or Get Out
I spent a painful day in court watching two contested Chapter 13 confirmation calendars. It wasn’t just my fanny that hurt by the end of the day, it was my head. Actually, I was sick to my stomach. The number of Chapter 13 cases dismissed because the lawyer had apparently done nothing, done it late, […]
Battling Uncle Sam In The Bankruptcy Court
It’s rare when you can get Uncle Sam to funnel clients in your door of your bankruptcy practice. And at no cost to you. But that’s the situation if you know how to handle tax issues in bankruptcy. The IRS threatens, or even worse, levies, and the client is frantic for help. You, armed as […]
The Lift Stay Motion And The Accidental Litigator
It’s ironic that lots of us chose bankruptcy as a specialty because we didn’t want to litigate. Bankruptcy looked easy, the recession creates clients and the practice is centered around official forms. Then one day you realize that bankruptcy is full of motion practice. And nothing is more important than dealing with relief from stay […]
Why You Need To Know The Three Musketeers Of Bankruptcy
In literature, the three musketeers answered to Athos, Porthos, and Aramis. In the world of bankruptcy, they live on yet with different names. That doesn’t make them any less effective or, in the wrong hands, less lethal. The Code accords better treatment to creditors holding liens. Therefore, it is often our sworn duty as fighters […]
