How My Law Firm Learned to Stop Leaving Money on the Table Part 3 – Valuable Lessons Learned in Automatic Stay Litigation • NACTT Academy

How My Law Firm Learned to Stop Leaving Money on the Table Part 3 – Valuable Lessons Learned in Automatic Stay Litigation

Bankruptcy has been the focus of the Boleman Law Firm’s 30+ year history, but my law partners and I believed it was important for our firm’s long-term health to add a new practice area that would be complimentary to bankruptcy. Even though we were filing almost 250 new Chapter 7 and 13 cases every month before the pandemic, most of us remembered the lean times of 2006 and 2007, when bankruptcy filings (along with bankruptcy firms) plummeted following the 2005 amendments to the Code. Thus, in 2016, the firm made a big commitment so that I . . .

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Mark C. Leffler

Consumer Litigation Associates, Newport News, VA

Mark C. Leffler is a federal civil litigator with Consumer Litigation Associates, a nationally recognized leader in consumer advocacy based in Virginia. Mark has spent most of his career litigating in Bankruptcy Court, including bringing numerous actions against debt collectors, mortgage companies, and predatory lenders in bankruptcy. He is President of the NACTT Academy for Consumer Bankruptcy Education, is a frequent author for the NACTT Academy’s webzine at ConsiderChapter13.org, and has served as a panelist at numerous annual conferences of the National Association of Chapter Thirteen Trustees (NACTT). Mark is AV® rated by Martindale Hubbell, he was selected for inclusion in The Best Lawyers in America for his work in bankruptcy and debtor rights, and he is a frequent speaker and author on bankruptcy matters for Virginia CLE programs. Mark is a native of Williamsburg, Virginia, and he received his law degree from Duquesne University School of Law in Pittsburgh, Pennsylvania. He is a member of the National Association of Consumer Advocates, Virginia State Bar, Bankruptcy Section, and the Richmond Bankruptcy Bar Association.

Passing of a Legend

June 13, 2021

By Kara L. West, CPA, Chapter 12/13 Standing Trustee for the Eastern District of Tennessee (Chattanooga); Successor Trustee to C. Kenneth Still C. Kenneth Still was a legend. “Always with Barbara at this side, he epitomized qualities I think we all seek—honesty, diligence, kindness, and patience. He was a great mentor and a quick wit, and I miss him already....

Critical Case Comment–IRS and the “Innocent Spouse”

Henry E. Hildebrand, III

May 14, 2023

Bankruptcy courts lack jurisdiction to apply “innocent spouse” relief to determine the amount of a tax claim to be paid in a Chapter 13 case. (Taddonio) In re Geary, 2023 WL 2996720 (Bankr. W.D. Pa. April 19, 2023) Case Summary When a taxpayer signs a joint tax return with their spouse, the Internal Revenue Code is very clear. Both signatories...

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Escrow 101 – Part 2 of 3

September 12, 2021

By Michael J. McCormick, Esq., McCalla Raymer Leibert Pierce, LLC (Roswell, GA) Escrow 101 – Part 1 Escrow 101 – Part 3 Escrow 102 – Part 1 Escrow 102 – Part 2

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When The Marital Community Doesn’t Get a Bankruptcy Discharge

Cathy Moran

November 13, 2022

Community property works differently in bankruptcy. I probably don’t have to tell you that. On the issue of assets and debts, community property is pretty straightforward. All of the community property comes into the estate upon the commencement of a bankruptcy case, even when only one spouse files. §541(a)(2). Every creditor with a right to be paid from the community...

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Six Things Taxpayers Should Know About the Sharing Economy and Their Taxes

May 5, 2019

From renting spare rooms and vacation homes to car rides or using a bike…name a service and it’s probably available through the sharing economy. Taxpayers who participate in the sharing economy can find helpful resources in the IRS Sharing Economy Tax Center on IRS.gov. It helps taxpayers understand how this activity affects their taxes. It also gives these taxpayers information...

Small Business Reorganization Postscript 2

April 12, 2020

SMALL BUSINESS REORGANIZATION ACT POSTSCRIPT #2 Recommendation of Technical Amendment to Repair Flaw in CARES Act Attempt to Increase Small Business Eligibility under SBRA Introduction In a bulletin published March 30, the Academy announced enactment on March 27 of the "Coronavirus Aid, Relief, and Economic Security Act" (the "CARES Act"),1 and that the Act (applying only to cases commenced on...

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The Proposed Consumer Bankruptcy Reform Act: A Political Analysis

January 17, 2021

By Kevin M. Ball, Eastern Michigan University Senator Warren and Representative Nadler introduced identical legislation entitled the Consumer Bankruptcy Report Act (“CBRA”) late in the 116th Congress. Although the bills died without action at the conclusion of that term, the sponsors have indicated their intent to reintroduce them in the 117th Congress. The legislation would bring major changes to the...

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Chapter 13 –Success/Benefits & Everything in between

December 20, 2020

By Robert S. Thomas, II,1 Chapter 13 Standing Trustee for the District of Maryland (Baltimore) All stakeholders strive to make the Chapter 13 program efficient and beneficial to all parties. The Chapter 13 program has evolved over the years to better serve debtors and creditors. This is due in part because of the remarkable actions taken daily by our Bankruptcy...

Five Things Trustees Should Know About the Small Business Reorganization Act of 2019

September 8, 2019

By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN) Introduction Four bankruptcy-related bills were enacted during the 116th Congress and signed into law on August 23, 2019.1 The legislation affected both business and consumer cases. One bill, the Small Business Reorganization Act of 2019 (SBRA),2 deals on its face with a non-consumer topic. However, it will be of great...

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I’ve Looked at Clouds from Both Sides Now

April 25, 2021

(Song by Joni Mitchell – first recorded by Judy Collins in 1968) By Merideth Akers, CPA, PHR, Comptroller for Bradford W. Caraway (Birmingham, AL) In the simplest terms, bankruptcy has two sides. The debtor is on one side, and the creditor is on the opposite side. Although there are opposite sides in bankruptcy, the system is designed to be non-adversarial....

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