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Crushing Tax Change For Injured Consumers

By William Purdy Filed Under: Bankruptcy Practice, Opinionated, Tax

tax change damages

The “Tax Cut Act” actually increased the tax on consumer recoveries.  Under the new tax law,  most damage awards a consumer recovers stand to go, in large part, to the IRS. So even if you are successful in vindicating your legal rights, the expenses of getting the award aren’t deductible from the gross award. The […]

Filed Under: Bankruptcy Practice, Opinionated, Tax Tagged With: 2018

Cars & Bankruptcy: What You Must Know To Get It Right

By Cathy Moran, Esq. Filed Under: Bankruptcy Practice

cars in bankruptcy

It’s time for a summary and refresher on dealing with car loans in bankruptcy. Somehow, my staff hit a wall this week on what information we needed about cars and car loans. Then, we stumbled on what to do with that information. So, here’s my roadmap to cars in bankruptcy. Fasten your seat belt: here we […]

Filed Under: Bankruptcy Practice Tagged With: 2018

When Worlds of Bankruptcy & Family Law Collide

By Cathy Moran, Esq. Filed Under: Family Law in Bankruptcy

bankruptcy family law

Bankruptcy, actual or threatened, can cause a genuine disruption in the force when divorce is on the table. That collision can be liberating or disruptive, depending on the timing of a bankruptcy filing and the goals of your client. Because the fallout from a bankruptcy case can be overwhelming, family lawyers need a working knowledge […]

Filed Under: Family Law in Bankruptcy Tagged With: 2018

Tax Changes & Projected Expenses

By Cathy Moran, Esq. Filed Under: Means test

tax changes ahead

  At the risk of borrowing trouble, I’m looking ahead to changes to the tax laws that may adversely impact pending Chapter 13 cases. The 2017 Tax Cuts and Jobs Act ( probably as appropriately named as the Bankruptcy Abuse and Consumer Protection Act)  limits the deductibility of state and local taxes, including property taxes.  A […]

Filed Under: Means test Tagged With: 2018

Don’t Skimp On Service When Your Client’s House Is On The Line

By Cathy Moran, Esq. Filed Under: Rule 3002.1

Rule 3002.1 service

Is the Chapter 13 trustee jeopardizing the benefits to my client of Rule 3002.1 by sloppy service? Unwilling to expend more than a single postage stamp to effect notice?  Just going through the motions here? The short answer is: I don’t know yet. But the issue stood out when, for reasons that are yet inexplicable, […]

Filed Under: Rule 3002.1 Tagged With: 2018

Direct Mortgage Payments: Inside, Under, Or Outside The Plan

By Cathy Moran, Esq. Filed Under: Cases new & significant, Rule 3002.1

payments under plan

Are post petition payments on the debtor’s mortgage “under the plan”? Not in the view of  one judge. Direct payments on a a residential mortgage loan are not “payments under the plan” for purpose of Bankruptcy Code § 1328(a), Thus Judge Thomas Perkins struck back at the cases that have used failure to maintain mortgage payments […]

Filed Under: Cases new & significant, Rule 3002.1 Tagged With: 2018

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