Getting things done and off your desk is usually a good modus operandi for an attorney. But sometimes, waiting until the last minute is better. The Required Bankruptcy Courses Since 2005 when the Bankruptcy Code was most recently amended with changes known as the Bankruptcy Abuse Prevention and Consumer Protection Act (“BAPCPA“), debtors filing bankruptcy are required […]
Can You Tell A Lien From A Secured Claim?
The underwater second deed of trust was listed on Schedule F in the debtor’s prior Chapter 13 case as an unsecured claim. Functionally, the lien was without value. But, the debtor, now my client in a subsequent case, took a gentle tongue lashing from a bankruptcy judge about the classification of the claim on the […]
How To Insure The Judgment Isn’t Discharged In Bankruptcy
The settlement agreement, fully executed, provided explicitly that the obligation was not dischargeable in bankruptcy. So how come the successful resolution stood to go up in flames when the defendant filed bankruptcy? Because the terms of the settlement agreement didn’t track the elements of the bankruptcy code’s elements for non dischargeable debts. With agreed facts, […]
How To Wield Influence And Change The Rules Of The Game
Change is coming to the rules of bankruptcy that drive what we do and the forms we must use to do it. We can try to shape the change or just react against it. Or as the traditional wedding service exhorts: speak now or forever hold your peace. Public comment closing Feb. 15 The Rules […]
The Not So Secret Rules Of Bankruptcy Service
Today’s post comes from Jay Jump, Washington bankruptcy attorney and expert on service in bankruptcy cases. When he waxed animated and eloquent on the subject on a list serve we frequent, I roped him into telling us more about service. When is service required?, was the original question. A better question to ask might be […]
Loss Mitigation: The Rules Have Changed
New federal rules on mortgage servicing can help homeowners avert disaster. But they only help if advocates know the latest. John Rao and Tara Twomey return next week with Part II of a free webinar on the new federal rules on loss mitigation for home mortgages. The Consumer Financial Protection Bureau issued new […]
Bankruptcy And Family Law : Your New Frontier
Divorce is one of the three major predictors of bankruptcy filing, along with job loss and illness. Families that might have been making it as a single household are now two households. Debts manageable before are now crushing. Or, families weren’t making it and the stress over money troubles hastens the end of the marriage. […]
