This Could Be The Reason Filings Are Down . . . For Now

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Demystifying Bankruptcy Appeals

September 11, 2022

Consumer bankruptcy attorneys in my experience tend to see appeals as a massively expensive undertaking fraught with unfamiliar rules and the threat of sanctions at every turn. That is not the reality. The purpose of this short article is to allay those fears. It’s a fun and satisfying process; dive in says I. Final order You can only appeal a...

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House Judiciary Committee Hearing

Regina Logsdon

July 20, 2025

On Tuesday, July 15, 2025, the House Judiciary Committee held a hearing entitled Bankruptcy Law: Overview and Legislative Reforms Correa Introduces Legislation to Support Student Borrower Bankruptcy Relief Following strong support from all of the witnesses at the recent House Judiciary hearing on bankruptcy for "hitting reset" on student loan discharges in bankruptcy, Rep. Correa has introduced H.R. 4444, the Student Loan Bankruptcy Improvement Act of 2025, which would delete the word "undue" from 11 USC 523(a)(8).

Measuring Success in Chapter 13: Successful Dismissals and Conversions

Honorable Brian D. Lynch

July 16, 2023

A. Introduction When should we regard dismissal or conversion of a chapter 13 as an unsuccessful bankruptcy? The arguments are familiar.Chapter 13 is the easiest, quickest, and cheapest way to stop foreclosures, repossessions, and garnishments by creditors.Desperate debtors can file a chapter 13 case without schedules, statements, or a plan and buy themselves a stay for a short period. And...

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May the Chapter 13 Trustee Keep Fees Paid Before Dismissal?

Lawrence R. Ahern, III

April 10, 2022

Larry Ahern this week begins a two-part examination of whether a Chapter 13 trustee may retain fees paid without a confirmed plan before dismissal. Part 1 is a detailed analysis of McCallister v. Evans, a recent case accepting the trustee's position considering a division in the caselaw and analyzing in detail the relevant statutes. May the Chapter 13 Trustee Keep...

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Whose Plan is it Anyway?

Henry E. Hildebrand, III

November 24, 2024

This case is more than meets the eye at first glance. Chapter 13 debtor cannot be compelled to propose a plan that delays vesting.

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Finding the Flaws in IRS Tax Liens

Cathy Moran

March 12, 2023

Lien perfection follows state law The secret tax lien attaches to all of a taxpayer’s property of any kind, wherever located. However, a tax lien is perfected against other creditors only by compliance with state laws on perfection of liens. AND during the pendency of a bankruptcy case, counsel only has to deal with the properly perfected tax lien. State...

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Fastest Way to Check Tax Refund Is ‘Where’s My Refund?’ Tool at IRS.Gov

February 17, 2019

Offering time-saving alternatives to a telephone call, the IRS reminds taxpayers they can get fast answers to their refund questions by using the “Where’s My Refund?” tool available on IRS.gov and through the IRS2Go app. The IRS issues nine out of 10 refunds in less than 21 days, and the fastest way to get a refund is to use IRS...

Finding Your Village: An Introductory Guide to Bringing Fair Credit Reporting Act Claims for Clients Post-Bankruptcy

Emily Connor Kennedy

July 24, 2022

I hope that you’ve enjoyed the articles from Mark Leffler and Steve Relyea discussing how our firm began litigating against creditors in bankruptcy court and mortgage servicers in federal district court. In this (final) installment, I will discuss our entry into Fair Credit Reporting Act litigation. Our firm’s history with Fair Credit Reporting Act litigation is intertwined with the relationships...

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The Case of the Naked Client

Cathy Moran

December 10, 2023

“The bankruptcy petition came to my desk for review with no entry for “clothing and wearing apparel”. Funny, I think I’d remember if I’d interviewed any naked people lately.” Although filled with Attorney Moran’s wit, there is an important lesson here! Feel free to add your own ‘naked client’ story in the comments section below the article.

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From the Editor – Dismissal

August 2, 2020

By The Honorable William Houston Brown (Retired) Dismissal with 180-day bar affirmed. The debtors had filed eight Chapter 13 cases over eight years, with each dismissed, and in 2019 the spouses filed three more cases. A mortgage creditor moved for relief from the automatic stay and dismissal in each of the cases. The cases were dismissed with a 180-day bar...

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This Could Be The Reason Filings Are Down . . . For Now

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Related Articles

Demystifying Bankruptcy Appeals

House Judiciary Committee Hearing

Measuring Success in Chapter 13: Successful Dismissals and Conversions

May the Chapter 13 Trustee Keep Fees Paid Before Dismissal?

Whose Plan is it Anyway?

Finding the Flaws in IRS Tax Liens

Fastest Way to Check Tax Refund Is ‘Where’s My Refund?’ Tool at IRS.Gov

Finding Your Village: An Introductory Guide to Bringing Fair Credit Reporting Act Claims for Clients Post-Bankruptcy

The Case of the Naked Client

From the Editor – Dismissal

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