The success of a bankruptcy case is frequently determined at the first meeting between client and lawyer. The information that is exchanged and the confidence that is built at that encounter shapes the client’s expectations, the choice of chapter, the timing of the filing and much more. So I cringe when I hear stories about […]
Proofs of Claim, Res Judicata, And A Good Night’s Sleep
Trouble shared is trouble halved. Brainy Quotes attributes that bit of wisdom to writer Dorothy Sayers. (Also to Lee Iacocca; take your pick). One of the things that keeps me troubled at night is the preclusive effect of a filed proof of claim. So, I’ll share my worries, and you can worry too. Filed claims deemed […]
Think Beyond The Means Test
It started as a means test question: could emergency medical expenses be deemed non consumer debt. It ended up as a step back to get the bigger picture. Well seasoned bankruptcy counsel brought the fact pattern to a list serve of colleagues. The prospective debtors’ income in a small consulting corporation is declining, his health […]