Ask Ms. Ps & Qs

By Professor Nancy Rapoport

Dear Readers:

Let’s talk a little bit about persuasive arguments. I’m teaching Professional Responsibility here at Boyd Law School right now, and this week’s reading has raised a great question: why do lawyers use “sure loser” arguments? (If you want to follow along, the opinion in our course materials is Liapis v. Dist. Ct., 282 P.3d 733 (Nev. 2012).)

The Liapis case involved the issue of whether a child (an attorney)1 could represent one parent against the other in a divorce . . .

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Taxes, Offset, and Mutuality

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By Cathy Moran, Esq. (Redwood City, CA) Bankruptcy lawyers are accustomed to evaluating the dischargeability of taxes when deciding when to file a client's bankruptcy case. But as we approach the end of the tax year, a client’s current year tax situation becomes another moving part in the “when do we file” analysis. In the simplest situation, the client owes...

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Critical Case Comment

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By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville) In calculating an above-median income debtor’s projected disposable income, the court may deduct from the debtor’s current monthly income only the expenses as listed in the IRS manual and not the debtor’s actual expenses. (Taylor) In re Rodriguez, 520 B.R. 94 (B.A.P. 9th Cir....

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By Alex Schmidt, Law Clerk to the Honorable John P. Gustafson., Northern District of Ohio at Toledo As the United States begins the process of coming to grips with COVID-19, those who work in the consumer bankruptcy world are going to have to roll with the punches thrown by a global pandemic that is already creating financial chaos throughout the...

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Creditors’ Rights and Debtors’ Protections at the Intersection of Consumer Bankruptcy and UCC Article 9 – Part 3

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Tax Tips for Taxpayers to Consider When Selling Their Home

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The IRS has some good news for taxpayers who are selling their home. When filing their taxes, they may qualify to exclude all or part of any gain from the sale from their income. Here are some things that homeowners should think about when selling a home: Ownership and use To claim the exclusion, the taxpayer must meet ownership and...

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As we observe the growing discussion over the tremendous amount of outstanding student loan debt, several points of clarification might do us well. There are those favoring relief for debtors now unable to pay their student loans. They have proposed various forms of relief, including several forgiveness programs and re-allowing such debts to be discharged in bankruptcy under more usual...

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Robert G. Drummond

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“ . . . creditor couldn’t fetch a break. . . . Court first found that the state court judgment was void because it was entered after the discharge order. . . . also found the creditor in contempt of the discharge injunction.”

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Critical Case Comment

July 7, 2019

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville) Where a confirmation order of a debtor’s Chapter 12 plan specifically provided for payments to a creditor and the Chapter 12 trustee had supported confirmation of the plan, the trustee would be precluded from seeking to disallow a late-filed claim. Following the plan, the...

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Vesting of Property in the Debtor Cuts Off Creditor’s Rights, Ninth Circuit Says

January 26, 2020

By Cathy Moran, Esq. (Redwood City, CA) Clouds of uncertainty have hovered over Chapter 13 debtors who find that they need to sell appreciated property before the case is over. Does appreciation occurring after filing go to creditors on the theory that the appreciation is property of the estate? Or does the vesting of property at confirmation entitle the debtor...

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Related Articles

Taxes, Offset, and Mutuality

Measuring Success in Chapter 13: Successful Dismissals and Conversions

Critical Case Comment

Chapter 13 Practice in the Time of COVID-19

Creditors’ Rights and Debtors’ Protections at the Intersection of Consumer Bankruptcy and UCC Article 9 – Part 3

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The Student Loan Debacle: Causes & Cures

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Vesting of Property in the Debtor Cuts Off Creditor’s Rights, Ninth Circuit Says

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