Analyzing the Troubled Chapter 13 During COVID19

By Cathy Moran, Esq. (Redwood City, CA)

After the pandemic, when the economy lurches back into motion, bankruptcy lawyers will confront a clutch of troubled Chapter 13 cases. In the face of disruption, distress, and the unknown, we'll be called on to guide clients forward, in one direction or another.

Let's review the questions we'll need to answer in order to provide the sharpest analysis for clients.

We need our arms around all of the issues in order to help the client choose . . .

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The Smart Way to Cut Out the IRS

July 19, 2020

By Cathy Moran, Esq. (Redwood City, CA) Like so much in life, it’s all about timing. I revisited an older post here about delaying the filing of a bankruptcy til the New Year when the debtor expects to owe taxes in April. A Chapter 13 filed in January can include and pay the taxes associated with the tax year ending...

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What Does “Following” Mean?

Kara K. Gendron

April 2, 2023

Section in 109(g)(2) of the Bankruptcy Code bars a debtor from filing a new case for 180 days if the Debtor voluntarily dismisses a case “following” a motion for relief. Not surprisingly, courts are split on how they interpret the word “following” as used in § 109(g)(2). After all, the word “following” is not limited to one definition, or even...

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New Payment Option Available to Taxpayers in Private Debt Collection Program

October 13, 2019

IRS officials announced on 10/8/19 that a new payment option has been added to the private debt collection program to make it easier for those who owe to pay their tax debts. Taxpayers now can choose the convenient option of a preauthorized direct debit to make one payment or a series of payments toward their federal tax debt. With direct...

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Will Artificial Intelligence Run Wild on the Legal Profession?

William F. Jaworski, Jr.

March 9, 2025

This is a must read for everyone. Trustee Jaworski provides readers an excellent handbook on AI as we know it now - what it is; how it is being used in the law; ethical considerations; and even court decisions.

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Division of Marital Property During a Chapter 13 Bankruptcy

Michael B. Joseph

November 5, 2023

“The focus of this article is to review some of the issues faced in cases with pending state court marital property division proceedings.”

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Two Final Observations about the SBRA – Part IX

February 23, 2020

By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN) Introduction This series has focused on the four bankruptcy-related bills that were enacted during the 116th Congress and signed into law on August 23, 2019. One bill, the Small Business Reorganization Act of 2019 (SBRA), became effective February 19, 2020. It appears in its entirety in Appendix B to this...

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Nice Try but No CFS for Below-Medians

Henry E. Hildebrand, III

July 20, 2025

Below-median income debtors must estimate their projected expenses on Schedule J and may not substitute the IRS allowances as their reasonable and necessary living expenses. Meaning they can’t outsource their budget!

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New Academy Podcasts

The Academy

December 15, 2024

In the 1979 Steve Martin movie The Jerk, Martin’s character, Navin Johnson, proclaims “I’m somebody” because his name is listed in the phone book. In 2024 to be “somebody” equates to being on Spotify. Well, The Academy is formally SOMEBODY. We have just launched our first 2 podcast episodes – 3002.1 Debtor Attorneys Were Gobsmacked Parts 1 and 2. Join a funny and frank discussion between Podcast Host Jody Bledsoe and our guest Hilary Bonial.

The Hanging Paragraph – Hanging on Every Word Part 2 of 4

June 21, 2020

By Anthony J. Gomez, CPA, former extern to the Honorable John P. Gustafson, Northern District of Ohio at Toledo III. Applying the Hanging Paragraph a. Application of the Hanging Paragraph – Timing of Debt In order for the hanging paragraph to apply, the debt must be secured by a purchase money security interest (“PMSI”) in either: 1) a motor vehicle...

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From the Editor – Claims

October 20, 2019

By The Honorable William Houston Brown (Retired) Claimant in proof of claim lacking prima facie validity was sanctioned. The proof of claim secured by the debtor’s residence failed to satisfy Rule 3001(c)(2)(C) requirements, including incomplete Form B 410A with no payment history. The claimant’s attempt to amend the claim on the eve of the contested objection to claim would defeat...

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