Tax Audit Aftermath-Did You Tell The State?

One of the bedrock requirements of the discharge of taxes in in bankruptcy is the requirement to have filed a return. No return, no discharge of that year’s taxes. But it gets more nuanced:  in California, when the feds audit the debtor and change any of the elemental figures in a filed return return, the taxpayer […]

4 Reasons To Keep Time Records No One Discusses

Mention keeping time records to a bankruptcy lawyer and you’re likely met with expressions of utter revulsion. I swear that all too many assert that the major appeal of being a bankruptcy lawyer is precisely that they don’t have to keep time. Between flat fee deals with clients, and no look fees in Chapter 13, […]

Battle On When Bank Back Tracks On Home Loan Balance

  It’s war, after all. Remember the office pool I  created following the lender’s statement under FRBP 3002.1 that the loan was fully current? We were betting on how long after the Chapter 13 discharge it would take Wells Fargo would screw up the debtor’s home loan account. Did anyone out there pick less than […]

Up Against The Wall(design)

Bankruptcy’s avoiding powers often turn otherwise unexceptional transfers on their heads. But who expected that an unsuspecting business would have to disgorge nine years of honestly earned payments because the customer paid with a check on his LLC? Welcome to the 9th Circuit’s decision in Walldesign. Paid with someone else’s money For nearly a decade,  […]

Jump Start Your Bankruptcy Research

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. […]

Brace Yourself

The 9th BAP’s Brace decision blew over everything we thought we knew about community property, joint tenancy titles, and the characterization of marital property. The storm warning is up.   Until the 9th Circuit rules on the pending appeal, bankruptcy lawyers in community property states in the 9th need to reevaluate their advice to to clients […]

All Dressed Up & Nowhere To Go

It’s the pits to be stood up by a Rule. Rule 3002.1 is, in my opinion, the best thing that’s happened in bankruptcy in years.  I’m a goggle-eyed fan. Whether you chalk mortgage servicing problems up to ineptitude or venality, it is indisputable that a mortgage servicer can’t audit a loan file and come up […]