Ask Ms. Ps and Qs

By Nancy Rapoport

Beware the bankruptcy lawyer wanna-bes.

My hubby, who’s also a lawyer, recently forwarded me an email that began with these two rather optimistic lines:

You May Not Have to Refer Your Client to Another Attorney.

The Bankruptcy Road Map [W]ill Guide You through Chapter 7 or Chapter 11 Bankruptcy Cases.

Yikes! I know that bankruptcy law is trendy these days, and there’s a crushing workload for consumer lawyers, given the nation’s financial distress. But non-bankruptcy lawyers who think that they can just pick up a book, read it from cover to . . .

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Bankruptcy Court Strikes Back: Awarding $825,940.55 in Sanctions for Bad Faith Filing

M. Jonathan Hayes

March 24, 2024

Bankruptcy Court in Texas awards sanctions of $825,940.55 for bad faith filing and prosecution of a proof of claim. (Yes it’s an 11 but still, $825k!)

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Judicial Year in Review 2021: A Quick Look at Revised Rules and Selected Case – Part 2 Selected Cases under Parts I-III of the Federal Rules of Bankruptcy Procedure

November 21, 2021

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN) Introduction Following Part 1's review of the December 1, 2021, changes in the Federal Rules of Bankruptcy Procedure, this Part 2 presents a digest of selected judicial decisions of interest for their procedural import arising under Parts I-III of the Federal Rules of Bankruptcy Procedure. Digest of Selected Judicial Decisions

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Millions of ITINs Set to Expire in 2019; IRS Says Renew Early to Prevent Refund Delays

June 23, 2019

Nearly 2 million Individual Taxpayer Identification Numbers (ITINs) are set to expire at the end of 2019 as the IRS continues to urge affected taxpayers to submit their renewal applications early to avoid refund delays next year. “We urge taxpayers with expiring ITINs to take action and renew the number as soon as possible. Renewing before the end of the...

Turnover by Motion? How About Under Rule 6008?

February 28, 2021

By Joseph A. Bledsoe, III (“Jody”), Chapter 13 Standing Trustee for the Eastern District of North Carolina (New Bern) In the aftermath of City of Chicago v. Fulton, discussions abound as to whether it is sufficient for a chapter 13 debtor to seek return of his vehicle, repossessed prepetition, via a motion for turnover. Most seem to believe a motion...

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From the Editor

September 20, 2020

By The Honorable William Houston Brown (Retired) Chapter 13 debtor lacked “person aggrieved” standing to appeal objection to trustee’s final report. The bankruptcy court had overruled the debtor’s objection to the trustee’s final report, and debtor’s appeal was dismissed, with the Bankruptcy Appellate Panel finding that debtor lacked “person aggrieved” standing to appeal. Debtor’s objection had not included amount of...

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From the Editor – Lien Issues

September 15, 2019

By The Honorable William Houston Brown (Retired) Legal rate of interest applies after foreclosure judgment. Applying New Jersey common law on merger, the mortgage was merged into a final order of judgment of foreclosure; therefore, the mortgage was no longer the basis for determining post- judgment interest. The debtor obtained a sale from which the mortgage creditor would be paid,...

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Some Federal Protections are Stronger Than Others – Sovereign Immunity, Criminal Restitution, and the Automatic Stay

Jeffrey S. Fraser

August 13, 2023

In this brief synopsis, Fraser compares Lac du Flambeauto a case from the Middle District Court of North Carolina and its connection to the automatic stay.

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Escrow 102 – Part 1 of 4

September 26, 2021

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

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Eviction and Bankruptcy Remedies

August 30, 2020

By Wayne Silver, Wayne Silver Law (Redwood City, CA) The 120-day CARES Act eviction moratorium expired on Saturday, July 25. At the expiration of the moratorium, landlords covered by the federal moratorium could begin serving eviction notices, and begin filing eviction lawsuits 30 days thereafter. That means on Monday, August 24, 2020 the moratorium on evictions expired, while we face...

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Critical Case Comment

June 2, 2019

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee If a Chapter 13 debtor does not list a creditor on the creditor matrix when filing the petition and makes no effort to provide supplemental notice to the creditor, the provisions of Rule 3002 allow the extension of time for the creditor to file a...

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Related Articles

Bankruptcy Court Strikes Back: Awarding $825,940.55 in Sanctions for Bad Faith Filing

Judicial Year in Review 2021: A Quick Look at Revised Rules and Selected Case – Part 2 Selected Cases under Parts I-III of the Federal Rules of Bankruptcy Procedure

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