Ask Ms. Ps & Qs

By Professor Nancy Rapoport

Dear Readers:

You and I have seen good lawyers and bad lawyers, but rarely have we gotten a glimpse into a sequence of bad decisions leading to what former Judge Markell would term an “epic fail.”[1] In Greenfield v. Anderson (In re Disciplinary Proceeding of Bruce M. Greenfield), Case No. CC-13-1006-KiTaKu (Bankr. 9th Cir. 2013) (not for publication), the Bankruptcy Appellate Panel affirmed disciplinary sanctions for a lawyer who, it seems, did many, many things wrong.

The opinion does not start out well for the . . .

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

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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...

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By The Honorable William Houston Brown (Retired) Disputed claim included in calculation of eligibility. The debtor’s case was dismissed for exceeding § 109(e)’s unsecured debt limit, when the debtor had signed $1,092,000 mortgage note but the mortgage was never recorded. The lender filed an unsecured claim for $1.7 million, and the Bankruptcy Appellate Panel agreed with the bankruptcy court that...

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From the Editor – Attorney Sanctioned

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By The Honorable William Houston Brown (Retired) Attorney sanctioned for filing identical schedules in two cases without updating financial information. The same attorney represented a debtor in two cases filed sixteen months apart, but the attorney filed essentially identical schedules in both cases, violating Rule 9011 by failing to make reasonable inquiry before filing the second case. The schedules in...

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District of South Carolina

The Academy

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Retirement of Judge David Robert Duncan

In the Greatest Hits Department . . .

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More than just a question. Once again Cathy offers new and seasoned attorneys a “gotta keep this one” resource on statutes that refer to numbers of days.

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By The Honorable John P. Gustafson, United States Bankruptcy Judge, Northern District of Ohio (Toledo) There are two legal battles going on that may end up being dysfunctionally related…. 1. What Happens If The Automatic Stay Is Not Extended In A “Second Case Pending Within One Year”? A split of authority has been percolating since 2005, involving the all too...

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