Something was missing: the brief on behalf of a creditor with a lien argued vigorously that the lien couldn’t be stripped in a Chapter 13 in which no discharge was available. Silence as to the other side of the argument. The one sided brief resulted in not only a loss on the client’s issue, but […]
What’s Your Next Challenge?
Ever feel like the practice of consumer bankruptcy law resembles crossing the chasm on a rope bridge? In the dark? I assure you, you are not alone. In one of my first contested matters in bankruptcy, probably within 18 months of passing the bar, and the same distance from adoption of the Bankruptcy Code, I […]
Friday Freebie
Budget flat? Business slow? How about a federal practice manual, on line, for free? Check out the Federal Practice Manual for Legal Aid Attorneys. It’s not shopworn: we don’t have enough of those legal aid heroes to smudge the pages. To expand your bankruptcy practice beyond drafting schedules, you need litigation skills. Here’s a […]
Avoid Probate: Lose The Property In Bankruptcy Instead
Whether it’s fear of the cost of lawyers or joinder in probate-phobia, the public’s do-it-yourself testamentary substitutes can have ugly consequences when bankruptcy looms. “When the individual who is supposed to benefit from a parent’s accumulations files bankruptcy, the cheapo alternative to a will or trust can cost the players the property”, said probate lawyers […]
Wait, Wait, Don’t File
Three weeks til the New Year and I’m starting to look at each Chapter 13 filing in my shop and ask whether we should file this case. It’s not that the calendar has much influence on whether clients need a bankruptcy. It’s “Will these folks owe taxes for 2011?” For the case I reviewed yesterday, […]
Bankruptcy Advice Lost In Translation
How do you misunderstand me…let me count the ways. A year into a confirmed Chapter 13 plan, I learned about my client’s hitherto unscheduled car loan when the creditor called up about missed payments. Huh? There was no car loan in the schedules. This was a loan in the debtor’s name, secured by a car […]
Two Free Treasures For Bankruptcy Lawyers
Howdy, nice of you to drop in. Now, I’ve got two reasons for you to skedaddle out of here. Bankruptcy Rule Changes New bankruptcy rules took effect December 1. If you can’t recite them in your sleep, the National Consumer Law Center has generously made their otherwise subscription only newsletter available for free. Click on […]
