Remember, Landlords Are Sacred Cows in Bankruptcy

By M. Jonathan Hayes, Resnik Hayes Moradi LLP (Los Angeles, CA) (Reprinted with permission. Originally published by the Los Angeles Daily Journal on May 20, 2021)

We have been getting a lot of calls recently as you might expect from distressed small businesses. The “free” government money is starting to run out and panic is setting in. The potential client explains that things are getting better and they just need a little more time to get back up to speed; they would like to know their options.

It’s unfortunate how many of these calls in . . .

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

September 26, 2021
By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN) "Equity is not an old man, with a long grey beard, sitting under a tree. Equity has rules."1 Introduction Section 105 When enacted in 1978, the Bankruptcy Code in section 105 included an "all writs" statute for the Bankruptcy Courts: The court may issue any order, process, or judgment that...
Members
EAV2010
July 31, 2022
Helen Morris, the Standing Chapter 13 and 12 Trustee for West Virginia is retiring at the end of this fiscal year. I first met Helen over lunch at NACTT, where we chatted about a non-legal interest we both share, writing fiction. I was delighted to discover, then as now, a friend with a razor wit, a wicked sense of humor...
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...
Molly Pro picture
June 26, 2022
Consider if you will that your client has just filed a Chapter 13 Bankruptcy. They have intelligently chosen to surrender a luxury item - a boat or 4-wheeler or even that extra vehicle they don’t need. Because the creditor would like to preserve the value of the collateral by obtaining possession quickly, they file a Motion for Relief shortly after...
Members
March 15, 2020
By Jen Grondahl Lee, Jen Lee Law, Inc. (San Ramon, CA) When is a collected fee not a collected fee? When the statutes authorizing payment to the standing Chapter 13 trustee do not provide clear guidance on when that fee is paid and/or earned. The most recent case on this issue is In re Evans (Bankr. Idaho 2020).1 In a...
Members
April 7, 2019
By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN) Introduction On March 20, 2019, the Supreme Court ruled unanimously in Obduskey v. McCarthy & Holthus LLP1 that actions required by state law in a nonjudicial foreclosure are not regulated by the Fair Debt Collection Practices Act (FDCPA).2 The decision resolved a split in the circuits. In addition to the...
Members
April 28, 2019
By Leo G. Spanos, Senior Staff Attorney to Martha G. Bronitsky, Chapter 13 Trustee, Northern District of California (Oakland Division) 1. Background & Purpose of Means Test One of the most significant changes introduced BAPCPA is the requirement of a means test to determine whether a debtor qualifies for Chapter 7 relief or, if not, how much a debtor must...
Members
June 2, 2019
By Tammy E. Stickley and Francis J. DiCesare, Staff Attorneys for Margaret A. Burks, Esq. Chapter 13 Standing Trustee (Cincinnati, OH) In a media age in which people expect to be told when “spoilers” are ahead, this summary needs no such warning. Courts have little patience for debtors who surrender collateral – especially real estate – then oppose the foreclosure...
Members
January 24, 2021
By Cathy Moran, Esq. (Redwood City, CA) Bankruptcy debtors with delinquent utility bills got a measure of protection from interruption in their service under an amendment to the Bankruptcy Code in the omnibus spending bill enacted December 27,2020. Individual debtors cannot have their utilities disconnected as long as they make some payment for service provided promptly after the commencement of...
Members
Academy Circle Logo Final
March 20, 2022
Chris Hawkins was sworn in as a bankruptcy judge for the Middle District of Alabama on March 14, 2022, succeeding Judge William R. Sawyer. Before his appointment, Chris was a partner at Bradley Arant Boult Cummings LLP, where he focused exclusively on bankruptcy and insolvency matters. For over twenty years, he represented debtors and creditors in out-of-court restructurings, commercial and...

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: