Most contests have rules. Charny wrote on medieval jousting; Hoyle on cards; Queensberry on boxing. Rule 9014 provides the rules of bankruptcy disputes. 9014 recognizes contested matters: disputes in bankruptcy cases that don’t require an adversary proceeding but do require the court to decide a disputed issue. You can hardly be an effective player if […]
Property That Has Come And Gone
Life has a way of moving on, even when the client is in a Chapter 13. Assets come and go, life gets better or sometimes worse. The direction of travel changes. When a Chapter 13 case converts to Chapter 7, bankruptcy lawyers struggle with what assets the Chapter 7 trustee can liquidate. The facts in […]
The Worm In The Debt Forgiveness Offer
Letters in the client’s mailbox superficially offer great news: the junior mortgage will be forgiven! That good news just adds on a new facet to our job description: spotting possible tax consequences and alternatives for our clients by reason of tax on cancellation of debt. As the National Mortgage Settlement gains momentum, we can expect […]
Does Your Intake Process Make For Happier Clients?
“My staff is spending too much time on the phone with clients: how do I stop it and make us more productive?” That was the question raised at our workshop last weekend on technology, marketing and office management. On the one hand, if you are going to do good work and distinguish yourself from the […]
Good Service Isn’t Automatic When The Stay Isn’t Either
Sometimes it seems that the substance of the law is easier than procedure. Adequate service is both essential and ephemeral. We’ve been struggling for some time about who to serve and how to do it on the issue of stripping underwater mortgages. Locally, the spotlight seems to have shifted to service when you move to extend […]
Tax Troubles Ahead
Severe weather alert: IRS turbulence spotted The head of our local IRS insolvency section announced a reading of BAPCPA which turns the law as we know it on its head. Worse it portends surprised counsel and unhappy Chapter 13 clients if it is accepted. Here’s his contention: the taxes associated with any tax return filed after the […]
Polish Your Advocacy Mindset
Be an advocate-your client has enough opponents. It’s no accident that the word for lawyer in Scotland, Belgium and India is advocate. If we do our jobs for bankruptcy clients well, we are advocates for their interests at every stage of the game. Yet I hear lawyers assuming that there is a known and pat […]
