Supreme Court on Statute of Limitations Under Fair Debt Collection Practices Act

Providing notice of a claim objection by sending it and the hearing notice to a designated email address does not satisfy the service requirements of FRBP 3007(a).

Dear Readers: Here are my top 10 (so far) AI mistakes (in reverse order). This is a resource you need to memorize! And, um, #s 1 & 6 are particularly interesting/unnerving.

Community property works differently in bankruptcy. I probably don’t have to tell you that. On the issue of assets and debts, community property is pretty straightforward. All of the community property comes into the estate upon the commencement of a bankruptcy case, even when only one spouse files. §541(a)(2). Every creditor with a right to be paid from the community can file a claim, regardless of which spouse incurred the debt. §101(7). So creditors of the nonfiling spouse are proper claimants in the filing spouse’s bankruptcy case. If the bankruptcy estate contains separate property as well, §726 creates a distribution scheme that segregates community assets from separate property assets in paying community and non community debts. So far pretty straightforward. Right?

“This article offers both a summary of the decision and some practical observations from the perspective of a standing trustee.” We believe this article will be of interest to non-trustees as it provides a framework for establishing the record early when dealing with the Department of Education.

The Case of the Naked Client: In December of 2023 Cathy Moran brought readers this great exhortation to debtor attorneys to be very careful when completing a petition. What ISN’T there may be as important as what is there!

Trump's Justice Department Shakeup Hits Bankruptcy Watchdog Making the Bankruptcy System Less Great

Garman Turner Gordon Professor of Law at the William S. Boyd School of Law, University of Nevada (Las Vegas) Nobody wants to be “that guy”!