I beat the Chapter 13 trustee on what’s necessary to get a hardship discharge the other day. The contested issue was essentially whether the general rotten state of the economy was a circumstance beyond the debtor’s control, justifying a hardship discharge. Over the years of a Chapter 13 plan, lots of life events can threaten […]
Why You Need To Know The Three Musketeers Of Bankruptcy
In literature, the three musketeers answered to Athos, Porthos, and Aramis. In the world of bankruptcy, they live on yet with different names. That doesn’t make them any less effective or, in the wrong hands, less lethal. The Code accords better treatment to creditors holding liens. Therefore, it is often our sworn duty as fighters […]
Need A Bankruptcy Form or Local Rule For A Mortgage Case?
The National Consumer Law Center once again takes on a gargantuan task at the Bankruptcy Mortgage Project website. The site gathers documents, rules, procedures and forms touching mortgage issues in bankruptcy cases, organized by state. Within the site, it addresses Loss Mitigation Chapter 13 Plan Cure Requirements Stay Relief Lien Stripping Chapter 13 Plans […]
Divorce and Bankruptcy: Frequent & Discordant Pairing
I hadn’t hit the steps of my office on the way back from a speaking engagement before the phone rang with a resulting referral. My speech addressed the intersection of bankruptcy and family law. What a fruitful pairing. While my presentation to a bar section of family lawyers was entitled When Worlds Collide, it could […]
Go Back, Says Mortgage Law Expert
Pamela Simmons is one of the towering figures in the field of mortgage law, Truth in Lending and the mortgage meltdown. She and her partner Bill Purdy are my go-to lawyers for anything related to mortgage loans gone bad. I count her a friend as well. Below is an open letter she wrote to […]
Get Your Client Out Of The Means Test Jail
As much as the means test is a pain in the neck, why don’t more bankruptcy attorneys skip it? Finding that your client’s debts are not “primarily consumer” is an instant, get-out-of-jail-free card. If you can check the B-22A box that the debts are not primarily consumer debts, you get to skip the rest of […]
You Can’t Tell The Players Without A Scorecard
The business bankruptcy version of “who’s on first” is the inquiry: who is liable for this debt? Get a clear answer or get ready for trouble. A small business owner and his business are often indivisible in his mind. When a bankruptcy lawyer doesn’t work to pull them apart, analytically, he should be […]
