Which of the blunders by prior counsel in Chapter 13 threaten a problem for which no good fix exists? Failure to timely assume the lease for the sole proprietorship liquor store. And it was a near run thing for me as well. This couple brought me their pending Chapter 13, fraught with trustee objections, inconsistencies, […]
Do I Have To Read All The Code First?
Following the announcement of a class I was to teach on bankruptcy fundamentals, a reader called and told me he had embarked on reading the entire Code and Rules. “Should I wait to take the course til I’ve completed that? ” he asked. I was so inclined to shout “Hallelujah, a rookie reading the Code!” that […]
Lien Stripping & Service On The Bank
By the end of the afternoon, the judge was pretty tired of turning down lien strip motions for the same old, and avoidable, reason: lawyers hadn’t served the bank involved properly. There’s a rule for this: FRBP 7004(h) says a federally insured depository institution (read: bank) is served by certified mail addressed to an officer […]
The Evolution Of A Bankruptcy Lawyer
Every contrivance of man, every tool, every instrument, every utensil, every article designed for use, of each and every kind, evolved from a very simple beginning. – Robert Collier We have all evolved from a simple beginning – our law degrees. Those simple pieces of parchment enable us to sit for the bar, gain admission […]
Self Education: Risky Stuff for Rookie Bankruptcy Lawyer
The usual road to a good education is to seek out the best teacher or the school with the deepest resources; you want people who know the field thoroughly to pass that knowledge on to you. So, why is it that the field of bankruptcy law these days is overrun with lawyers trying to pick […]
Warning Signs Of A Complex Bankruptcy Case Exposed In The Consultation
Is an initial consultation an opportunity to prevent problems later on in the case? Should you be doing more? I’ve taken my swipes at my clients’ previous lawyer in a prior post for either missing or ignoring issues that needed to be picked up and addressed in the schedules and the Chapter 13 plan. Some […]
Learning Bankruptcy On The Job Victimizes Clients
I admit, up front , that I’m steamed. The clients in my office have a pending Chapter 13 case. People know the difference between a lawyer fighting a marijuana possession charge and bankruptcy case. They made an appointment with me because their bankruptcy attorney missed a hearing and doesn’t return their phone calls or respond […]
