Creditors of Elders Lie in Wait For the Kids: Why Bankruptcy May Be an Appropriate Choice, Even for the Judgment Proof

By Cathy Moran, Moran Law Group, Mountain View, CA

Is a client’s legacy to their kids an encounter with unpaid creditors?

Debt problems for those over 65 may not be problems for the elder at all. Income and assets are largely protected by law from creditors.

But that doesn’t trouble creditors: they’ll simply wait and get their money from the kids.

Seniors enjoy protection from collection

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Can Good Facts Also Make Bad Law? Finality of Orders in Bankruptcy Revisited after Ritzen Group

Lawrence R. Ahern, III

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"Finality" in Bankruptcy When is an order within a bankruptcy case "final"? When must a party to the proceeding appeal within 14 days? When may a party either seek interlocutory review or sit back and wait until something more occurs to make the order final? Final orders are appealable. In civil actions, this is a relatively easy proposition to apply...

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From the Editor – Claims

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By The Honorable William Houston Brown (Retired) Debtor’s objection to tax claim for being “too low” was rejected. Noting that the debtor could not benefit prior to distribution to creditors, in event trustee found assets for distribution, debtor’s objection to claim filed by tax creditor on basis that claim was “too low” was rejected. “The debtor comes last, not first,...

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Critical Case Comment

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By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville) Where a confirmation order of a debtor’s Chapter 12 plan specifically provided for payments to a creditor and the Chapter 12 trustee had supported confirmation of the plan, the trustee would be precluded from seeking to disallow a late-filed claim. Following the plan, the...

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District of New Jersey

The Academy

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When is Enough, Enough? Pro Se Dismissed with Extended Prejudice (and Violates Bar)

Jeff LeForce

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When do the facts justify a long bar to refiling over the 180-day period in § 109(g)? Sometimes it is Justice Stewart’s infamous words from Jacobellis v. Ohio, 378 U.S. 187 (1964)–“I know it when I see it.” Even so, a Trustee must provide evidence and authority to the Court for a long prejudice period. In In re Parson 2021...

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Ask Ms. Ps & Qs

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Property of the Estate or Appeal Rights for Sale?

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