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The Rules Of The Game Are Changing 22 Aug 2013 | 07:40 pm
Change is coming- either influence it or don’t complain. The proposed changes to the rules of bankruptcy procedure and to the official forms have been published and your comments are solicited. The ...
Watch Your Language 19 Aug 2013 | 05:14 pm
Pick your words carefully. Your clients will have to live with the results of your choice. Our challenge as bankruptcy lawyers is to extract, analyze, and present a huge amount of financial informat...
Do You Know These Exceptions To Discharge Not In The Bankruptcy Code? 13 Aug 2013 | 02:00 pm
Not all exceptions to discharge in bankruptcy are found in the Bankruptcy Code. Inconvenient, but true. The first two non-Code exceptions to discharge that I encountered in practice were HEAL loans,...
All Bankruptcy Roads Pass Through Chapter 5 30 Jul 2013 | 08:36 pm
Regardless of the ultimate destination, all bankruptcy roads lead through Chapter 5. A few bankruptcy cases are derailed there. Because Chapter 5 provisions tell you what comes into the bankruptcy e...
When Appearances Are Deceiving 26 Jul 2013 | 07:22 pm
The judgment was for $500,000. Debtor’s bankruptcy lawyer was stumped. How to schedule it? What’s the problem? you ask. The half million dollar judgment was in the debtor’s favor (did you see that...
Untangling The Converted Case 24 Jul 2013 | 07:31 pm
Conversion of a chapter 13 case to Chapter 7 usually comes amid some sort of train wreck. The debtor has defaulted on plan payments, decided to surrender the house, or even got a loan modification th...
Who Is Stupid Here? 18 Jul 2013 | 09:00 pm
Great food for thought on the Non Billable Hour on understanding clients. The headline was “Are your clients really stupid?”. Wait, wait. Hear him out. The answer isn’t what you’re tempted to resp...
Split The Sheets, Split The Debts, Then Watch Out 12 Jul 2013 | 11:29 pm
The marital settlement agreement that resolves a divorce often divides the debts between the couple. If it goes beyond creating two piles of debt, his and hers, you have a bankruptcy issue. Hold .....
Is The Price Right? 8 Jul 2013 | 02:46 pm
What’s it worth? Another round of bankruptcy newbie questions suggests it’s time to review small business valuation questions. Our hypothetical debtor supports his family working in an incorporated ...
RTFM 1 Jul 2013 | 07:55 pm
I know gambling debts are non dischargeable, so we can’t convert the Chapter 13. So said debtor’s counsel whom I was trying to help with a troubled case. I wanted to retort: point me to the code sec...