Counting to 90

This week I have apparently discovered bankruptcy lawyers who can’t count to 90.  Amazing, isn’t it?  Yet I’ve reviewed two cases where counsel failed to file the case  such that judgment liens fell within the 90 day preference period.  And these were cases where the liens had six figure totals and the debtor had assets. […]

Warning Signs Of A Complex Bankruptcy Case Exposed In The Consultation

Is an initial consultation an opportunity to prevent problems later on in the case? Should you be doing more? I’ve taken my swipes at my clients’ previous lawyer in a prior post for either missing or ignoring issues that needed to be picked up and addressed in the schedules and the Chapter 13 plan.  Some […]

Learning Bankruptcy On The Job Victimizes Clients

I admit, up front , that I’m steamed.  The clients in my office have a pending Chapter 13 case.  They made an appointment with me because their bankruptcy attorney missed a hearing and doesn’t return their phone calls or respond to their questions.  The trustee has a three page objection to confirmation. As I looked […]

Bankruptcy Notice: Scream or Die

Add to your bankruptcy phrase book: ” notice on a scream or die basis.”   This means that the notice sent to creditors requires an objection by a dissenting party or the described action will be approved.  Contrast this with notice of a proposed action that will be considered at an actual hearing.  Thus, the message […]

Taxes Owed from Day One

April 15th is so ingrained in our thinking as Tax Day that it’s easy to forget that the tax for the previous year is owed on the first day of the next tax year.  Payment isn’t due til April 15th, but the obligation exists before the return and payment are due. Why is this important […]

Exemption Choices for the Recently Mobile

Old and new consumer bankruptcy lawyers have a treasure in John Bates’ masterpiece on the exemption laws of each state and the availability of those laws to non residents in bankruptcy.  Check out www.exemptionexpress.com, then send John a thank you. Why do I care what the exemptions are in any state but California?  The Bankruptcy […]

Bankruptcy Practice Provides Trial Opportunities

New consumer bankruptcy lawyers can find themselves in the courtroom almost as often as they want.  Even without taking on the debtor related claims under RESPA, FDCPA, and FCRA, bankruptcy abounds with issues that allow a practitioner to get motion and trial experience. While the article is dated, the theme of the 2002 ABA article […]