“I Didn’t Know That” Gem From The Convention

A hardship discharge is available to debtors who are not current on their post petition support payments, even though such a delinquency would prevent a regular discharge. I gathered this hitherto unknown bit from Henry Sommer in the panel on Marital Issues in Bankruptcy Saturday at the NACBA convention. BAPCPA added to the prerequisites for […]

When Delaying The Discharge May Benefit The Debtor

Ever read, much less used, FRBP 4004(c)(2)? Have to say I’d done neither until Judge Christopher Klein mentioned it at a bankruptcy seminar earlier this year.  He told the group that he had learned about it from a pro per who cited it to him in a dispute in a Chapter 7.  So what’s this […]

Discharging Taxes in Bankruptcy: This Year’s Trap

Income taxes are dischargeable in bankruptcy if they meet the three year rule; the two year rule; and the 240 day rule. When you count back for the three year rule (the date on which the return was last due without penalty is more than three years prior to the date the bankruptcy is filed), […]