Taxes, Offset, and Mutuality

Bankruptcy lawyers are accustomed to evaluating the dischargeability of taxes when deciding when to file a client's bankruptcy case.

But as we approach the end of the tax year, a client’s current year tax situation becomes another moving part in the “when do we file” analysis.

In the simplest situation, the client owes no back taxes and is appropriately withheld for the current year. No issue.

But suppose the situation is not so simple. Several fact patterns cry out for careful timing of . . .

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From the Editor – Eligibility

August 9, 2020

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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A Creditor Win

Henry E. Hildebrand, III

October 20, 2024

Chapter 13 debtor that fails to provide adequate notice to a creditor is not discharged from liability on that obligation in a Chapter 13 case under § 523(a)(3).

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Interest Starts at Confirmation

Henry E. Hildebrand, III

February 2, 2025

The present value “interest” that must be paid on a secured claim in accordance with § 1325(a)(5)(B), as determined by Till, is to be paid from the effective date of the plan – confirmation – and not calculated from the date the plan was filed.

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I Know You Think You Know What I Said

Cathy Moran

June 30, 2024

“The client now claims that my words were a license to fail to disclose the gifts. Huh?”

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Escrow 101 – Part 3 of 3

September 19, 2021

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

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2024 Update: Federal Guidance on Discharging Student Loans in Bankruptcy IS a Game Changer

Tammy Branson, Robert B. Branson

May 12, 2024

The 2022 Justice Department and Department of Education collaboration introduced new bankruptcy guidelines, notably easing the "undue hardship" exception for discharging student loans, marking a departure from the stringent "Brunner Test" requirements. Here the Bransons give us a look at the progress being made in discharging student loans.

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In the Greatest Hits Department . . .

The Academy

May 26, 2024

Staff Attorney Jeff Leforce brought us this case back in January of 2022 . . . When is Enough, Enough? Pro Se Dismissed with Extended Prejudice (and Violates Bar)

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Rollin’ Rollin’ Rollin’ – Whether a Motor Home Qualifies for the Homestead Exemption as a Mobile Home?

Tiaon Michele Lynch

April 28, 2024

“Although exemptions are meant to be interpreted liberally; this issue may become increasingly complex with the rise of remote work such as traveling nurses.”

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Critical Case Comment – No Such Thing as “Technical” Violation of the Stay

Henry E. Hildebrand, III

February 20, 2022

Bankruptcy Court found violation of automatic stay to be “technical”, thus no damages. Ninth Circuit BAP did not agree. Continuing to pursue state court fraudulent transfer action after transfer or filed for Chapter 7 relief violated the automatic stay; even if the violation of the stay is “technical”, damages, including attorneys’ fees and costs, should be assessed against the violator....

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The Dollar Dance: Boosting Deductions in Bankruptcy’s Means Test

Cathy Moran

November 24, 2024

“Every extra dollar deduction you can wring out on bankruptcy’s means test is important. A dollar doesn’t sound like a lot, . . . Every $100 saves $6000. Get the picture?”

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