Ask Ms. Ps & Qs

By Professor Nancy Rapoport

Dear Readers:

Remember that old expression, “in for a penny, in for a pound”? That’s the best way to capture the notion of “appearance counsel.” When a lawyer decides to be “just” appearance counsel, that lawyer is taking on some serious risk.

In large law firms, there is almost always someone who can pinch-hit at a hearing when the primary lawyer is double-booked or otherwise unavailable, and the firm represents the client, not just the individual lawyers on the matter. But what happens when a small-firm lawyer or a solo . . .

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Post-petition voluntary contributions to a 401(k) are not reasonably necessary expenses and are thus included in disposable income in calculating a debtor’s Chapter 13 plan. (Freeman) In re Saldana, 2023 WL 3483241 (N.D. Cal. May 15, 2023) Case Summary In April of 2022, Jorden Marie Saldana filed a voluntary petition under Chapter 13. Ms. Saldana was single with no dependents...

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By Cathy Moran, Esq. (Redwood City, CA) Mortgage forbearance for homeowners, shout the headlines. No need to make a house payment. Borrowers who can’t make this month’s mortgage payment were thrown a lifeline of sorts in the coronavirus rescue package. Only it’s probably not the help they think it is. And the lifeline may be far more fragile than they...

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TFS Bill Pay Announces New Attorney Report Center

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TFS Bill Pay has launched a new powerful tool to help you succeed; the Attorney Report Center located in your AttorneyPortal. In the current bankruptcy environment, it is absolutely essential that your firm receives all of the compensation for the valuable work it has already done. TFS now provides you with pre-set, real-time reports to confirm your clients’ payments, which...

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By Alexander E. Schmidt, Law Clerk to the Honorable John P. Gustafson (Toledo, OH) As any attorney with an eye for case law can tell you, circuit-level opinions that decide matters of first impression deserve extra attention from practitioners. Not only do these opinions oftentimes illuminate the dark corners of the law, they can also raise or provide answers to...

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Judicial Year in Review 2021: Part 3 – Selected Cases under Parts IV-VII of the Federal Rules of Bankruptcy Procedure

Lawrence R. Ahern, III

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Introduction Following Part 1's review of the December 1, 2021 changes in the Federal Rules of Bankruptcy Procedure, and Part 2's digest of selected judicial decisions of interest for their procedural import . . . It looks like you are not signed in or registered! This content is only available to members. Join Now Or Sign In Below: Username or...

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Related Articles

What Else Does the Code Say About Interest and Unsecured Debts?

Honorable Kevin R. Anderson, U.S. Bankruptcy Court District of Utah

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