Shut the business down, the Chapter 7 trustee told debtor’s counsel. Or get an order allowing continuing operation. My addition to the litany: bring a motion to abandon. Why order shutdown? The debtor was a partner with his parents in a restaurant that they wanted to continue to run. Yet somehow, no one had considered […]
Neat Bankruptcy Skill: Severing Spouses
Every time I contemplate severing a joint bankruptcy case, the traditional Anglican wedding service echoes: Those whom God has joined together, let no one put asunder. Then I excuse myself, since it was either the attorney or the debtors that elected a joint case, not the Almighty. And I proceed to make two bankruptcy cases […]
Jazz Up Your Bankruptcy Practice
Meet me in New Orleans. That’s where the bankruptcy action will be at the end of October. It’s NACBA’s 2013 Fall Workshop But early-bird sign up is over at the end of this week, September 6th. Three tracks With longer sessions for more in-depth treatment, the workshop is organized into three tracks Fundamentals Evidence, Mortgages, […]
The Rules Of The Game Are Changing
Change is coming- either influence it or don’t complain. The proposed changes to the rules of bankruptcy procedure and to the official forms have been published and your comments are solicited. The comment period will remain open til February 15, 2014. There’s no reason to wait til the last minute to be heard, however. I […]
Watch Your Language
Pick your words carefully. Your clients will have to live with the results of your choice. Our challenge as bankruptcy lawyers is to extract, analyze, and present a huge amount of financial information. We have to get it from people who don’t really understand why we need it, nor the consequences of not getting it. […]
When Appearances Are Deceiving
The judgment was for $500,000. Debtor’s bankruptcy lawyer was stumped. How to schedule it? What’s the problem? you ask. The half million dollar judgment was in the debtor’s favor (did you see that coming?), and the debtor considered it uncollectable. I practice before the same Chapter 13 trustee. I know his intolerance for schedules that […]
Who Is Stupid Here?
The headline was “Are your clients really stupid?”. Wait, wait. Hear him out. The answer isn’t what you’re tempted to respond. In a piece now gone from the web, Matt Homann, who describes himself as a recovering lawyer, adapted to lawyering a piece from the Bay Area tech world, suggesting that differences of opinions among co […]
