After all the time I spend cajoling, suggesting, demanding that bankruptcy lawyer READ THE CODE, I was bitten by my own advice recently. The youngish bankruptcy lawyer had read § 109, and leapt to a conclusion 180 degrees from correct. He was utterly right that the words of the statute talk about debts the debtor […]
Chapter 13 Trustee Makes A Christmas List
OK, so I’m behind. Christmas was three weeks ago. I’m just getting around to sharing with you my Chapter 13 trustee’s Wish List for 2012, which she announced at our bankruptcy bar’s Christmas party. The fact that she has to “ask” us to do what the Code says we must speaks volumes about the attention […]
Do You Know Bankruptcy’s Three Little Words?
They’re not “I love you” or even “I am sorry”. They’re bequest, devise, and inheritance from §541(a)(5)(A). Any interest in property that would have been property of the estate if such interest had been an interest of the debtor on the date of the filing of the petition, and that the debtor acquires or […]
New Year’s Resolutions: What Challenges Me
I asked you last week to identify the challenges in your practice. I heard cries for more clients, for mentors, for new skill sets. Turning the focus around, I thought about what I wanted to do differently or better this year in my practice. Here’s my list. Communicate the bankruptcy grounds rules to clients more […]
What Did The Lawyer Miss?
Something was missing: the brief on behalf of a creditor with a lien argued vigorously that the lien couldn’t be stripped in a Chapter 13 in which no discharge was available. Silence as to the other side of the argument. The one sided brief resulted in not only a loss on the client’s issue, but […]
What’s Your Next Challenge?
Ever feel like the practice of consumer bankruptcy law resembles crossing the chasm on a rope bridge? In the dark? I assure you, you are not alone. In one of my first contested matters in bankruptcy, probably within 18 months of passing the bar, and the same distance from adoption of the Bankruptcy Code, I […]
Friday Freebie
Budget flat? Business slow? How about a federal practice manual, on line, for free? Check out the Federal Practice Manual for Legal Aid Attorneys. It’s not shopworn: we don’t have enough of those legal aid heroes to smudge the pages. To expand your bankruptcy practice beyond drafting schedules, you need litigation skills. Here’s a […]
