John Rao, NACBA Vice President, and Judge Leif Clark presented the program on lien stripping. John Rao: language in Nobelman points to 506(a) to determine the creditor’s status. Are they really a secured creditor subject to the modification prohibition of 1322(b)? If not, they can be stripped. Remember this isn’t 522(f) lien avoidance. Exemptions play […]
Struggling to Surrender
Here’s what I would have blogged live if the interest in our live blogging hadn’t crashed the server and required uninstallation of the software that would allow us to be really live. This presentation dealt with the problems that arise when the debtor wants to surrender encumbered property and the secured creditor will take no […]
Washington, Rules & NCBRC
Here’s what I would have blogged for the second session on Friday’s NACBA Convention. It seems that the enthusiasm for the “live blogging” effort crashed our server. We’re now up, at least for the moment, and for non live blogging. Jon Yarowsky NACBA lobbyist. Two branches of government now involved in politics. Everything in DC […]
Revisiting Those Things I Just “Know”
One of the stock lines in my sermon to clients about the importance of telling the entire and complete truth in the bankruptcy schedules has been the threat of denial of discharge. If your discharge is denied, I intone, those debts are forever non dischargeable in bankruptcy. It’s akin to the parental threat: the bogeyman […]
Can I Have Those Words Back, Please?
It was one of those occasions when in retrospect, you’re certain there is no neural path between your brain and your mouth. And it happened in public, in a courtroom, with my client present. My creditor client filed an objection to confirmation of a Chapter 13 in pro per. Opposing counsel filed a response. The […]
Why Courtroom Rules Work In Your Conference Room
“Objection: calls for a legal conclusion.” That’s a perfectly good courtroom objection to a question asked of a witness at trial. The rules of evidence make the court, not the witness, the sole arbiter of the law. What does that have to do with filing bankruptcy schedules, you ask. I suggest you import this courtroom […]
The Business Lease: Who’s On First?
A business lease often looms as one of the biggest claims in a bankruptcy case and a big issue for a small business. For bankruptcy lawyers, the lease raises, as most of these things do, both traps and opportunities Beyond the common subject matter, today’s observations are probably otherwise without a theme. Pivotal issue is […]
