Search
Close this search box.

The Real Truth About Communication Between Bankruptcy Lawyers & Clients

-

Link to Post:

By Cathy Moran

We live in two different worlds, the client and the bankruptcy attorney. (care to hum along?)

“Creditors,” for debtors, means those folks who send a monthly bill, and who call if you are late.

“Creditors,” for bankruptcy lawyers, means everyone who has a claim of any kind against the client.

How do we misunderstand each other? Let me count the ways:

  • Property: I don’t have any property, lost the house to foreclosure last year; or, I don’t own the house, the bank does
  • Here . . .

    It looks like you are not signed in or registered! This content is only available to members.

    Or Sign In Below:

No Author Biography has been linked to this Article.

Related Articles

The “Snapshot” Rule – Part 2: When is the Rule Not Determinative?

April 4, 2021
By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN) Introduction We saw in Part 1 that the circuits are falling in line to follow the "snapshot" rule, fixing the debtor's exemption rights as of the date of the petition and finding support in both the Code and recent Supreme Court jurisprudence. As the First Circuit put it . ....
View Article
Members
Academy Circle Logo Final

Meet a New AND Newish Trustee

March 27, 2022
Krista M. Preuss was appointed as the Chapter 13 Standing Trustee for the Southern District of New York on February 1, 2018. She succeeded Jeffrey Sapir after his retirement. On October 1, 2021, she was appointed as the Chapter 13 Standing Trustee for the Eastern District of New York, succeeding Marianne DeRosa upon her retirement. Yep, two trusteeships. Can you...
View Article

From the Editor – Claims

October 20, 2019
By The Honorable William Houston Brown (Retired) Objection sustained to one-year late proof of claim. The mortgage creditor did not object to confirmation nor file a proof of claim until one year after the bar date in the Chapter 13 case. The trustee objected to the claim, which asserted a higher arrearage than provided for in the confirmed plan. Section...
View Article
Members

IRS Issues Standard Mileage Rates For 2019

January 6, 2019
IRS issued the 2019 optional standard mileage rates used to calculate the deductible costs of operating an automobile for business, charitable, medical or moving purposes. Beginning on Jan. 1, 2019, the standard mileage rates for the use of a car (also vans, pickups or panel trucks) will be: 58 cents per mile driven for business use, up 3.5 cents from...
View Article

From the Editor

September 20, 2020
By The Honorable William Houston Brown (Retired) Chapter 13 debtors’ FDCPA claim was not “related to” bankruptcy case. After reopening closed case, the debtors filed adversary complaint against mortgage holders and servicers, alleging various claims for violation of discharge injunction, automatic stay and FDCPA. The complaint plausibly pleaded elements required for §§ 362(k) and 524(i), but the claims under FDCPA...
View Article
Members

A Sappy Farewell to Jeff Kellner as the Dayton Chapter 13 Trustee

September 29, 2019
By The Honorable Guy R. Humphrey, Southern District of Ohio It is with heavy hearts that we in Dayton, Ohio say our farewells to Jeff Kellner as our Chapter 13 Trustee. Jeff will be concluding his duties as the Trustee on September 30th and handing the reins over to John Jansing on October 1st. Listing Jeff’s contributions to the bankruptcy...
View Article
NalikoMarkel-150x150

The Cloud Cometh

October 23, 2022
The cloud seems to be all anyone wants to talk about these days in the tech field. I presented on it at the annual meeting in San Francisco this past summer and I presented on it at the first annual Region 9 I.T. Conference last month. I’m not tired of talking about it because the cloud is the future for...
View Article
Members

Never Let a Good Crisis Go to Waste: The Bankruptcy Amendments in the Consolidated Appropriations Acts of 2021

January 10, 2021
By Henry E. Hildebrand, III, Chapter 13 Trustee (Nashville, TN) Other than a recluse without any information of current events, we have been made fully aware of the fact that Congress was fashioning a second stimulus/COVID relief bill. The result is the Consolidated Appropriations Act, 2021; a massive bill with more than 5,300 pages governing a huge expanse of appropriations,...
View Article
Members
Academy Circle Logo Final

How to Manage Unprofessional and Discourteous Attorneys

December 4, 2022
Many have had the unpleasant experience of coping with an ill-mannered and disrespectful opposing counsel. Unnecessary motions are filed and unfounded allegations are asserted. Relief requested has no basis in fact or law. Temperatures rise. The volume of argument is loud. Your staff and you are upset. What to do?We asked the Emeritus Trustees and here are some recommendations: First,...
View Article
Members

Taxpayers Should Beware of Property Lien Scam

October 6, 2019
With scam artists hard at work all year, taxpayers should watch for new versions of tax-related scams. One such scam involves fake property liens. It threatens taxpayers with a tax bill from a fictional government agency. Here are some details about the property lien scam that will help taxpayers recognize it: This scheme involves a letter threatening an IRS lien...
View Article

The NACTT Academy offers a comprehensive community for bankruptcy professionals seeking to advance their education in consumer bankruptcy.

Academy

Members

Website

Legal

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Looking to Become a Member?

ConsiderChapter13.org offers a forum to advance continuing education of consumer bankruptcy via access to insightful articles, informative webinars, and the latest industry news. Join now to benefit from expert resources and stay informed.

Webinars

These informative sessions are led by industry experts and cover a range of consumer bankruptcy topics.

Member Articles

Written by industry experts, these articles provide in-depth analysis and practical guidance on consumer bankruptcy topics.

Industry News

The Academy is the go-to source for the latest news and analysis in the Chapter 13 bankruptcy industry.

To get started, please let us know which of these best fits your current position:

Attorney
Trustee
Non-Profit
Government