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 . . .

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Taxes & Timing: Calculating Outcomes for Bankruptcy Debtors

Cathy Moran

December 19, 2021

Bankruptcy lawyers regularly evaluate the dischargeability of taxes when deciding when to file a client’s bankruptcy case. At base, the 3 year rule, the 2 year rule, and the 240 day rule routinely drive timing of a bankruptcy. But as we approach the end of the tax year, a client’s current year tax situation becomes another moving part in the...

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Disregarding Bankruptcy Protections Can be Costly: How Courts Decide Punitive Damages Awards for Stay Violations

December 15, 2019

By Veronica D. Brown-Moseley and Stephen F. Relyea1 The automatic stay serves as a shield that immediately protects debtors in bankruptcy and their property from a host of creditor collection actions ranging from foreclosure, repossession, and garnishment to collection letters and phone calls. In most instances, the filing of a bankruptcy case forces creditors to cease all collection actions and...

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Rule 3002.1 Does Not Justify Punitive Sanctions

September 19, 2021

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN) In order for a bankruptcy court to impose sanctions for contempt, Taggart compelsa finding of a violation of a clear and unambiguous order; the bankruptcy court lacks inherent power to issue punitive sanctions under Rule 3002.1. (Jacobs) PHH Mortgage Corporation v. Sensenich, 6 F.4th 503 (2nd Cir. August 2,...

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Locked Out: Blocked Mortgage Portals May Be Violation of the Stay

Kara K. Gendron

November 10, 2024

A new case has shed light on a common practice by mortgage companies -- denying Chapter 13 debtors access to online payment portals. This case brought to the forefront a significant issue for Chapter 13 debtors across the country—the need for accessible payment methods that allow them to stay current with their mortgage payments and successfully complete their repayment plans.

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New Judge Appointed

The Academy

September 8, 2024

Judges of the U.S. Court of Appeals for the 9th Circuit have appointed J. Barrett Marum as the next bankruptcy judge on the U.S. Bankruptcy Court for the Southern District of California.

How to Manage Unprofessional and Discourteous Attorneys

The NACTT Emeritus Trustees

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,...

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Here’s What Taxpayers Should Consider When Determining If They Need to File

February 3, 2019

As people prepare to file their taxes, there are things to consider. They will want to determine if they need to file and the best way to do so. For tax year 2018, all individual taxpayers will file using the new Form 1040. Forms 1040A and 1040EZ are no longer available. Taxpayers who previously filed these forms will now file...

Retirement of the Honorable Guy R. Humphrey

The Academy

February 18, 2024

Retirement of the Honorable Guy R. Humphrey

Critical Case Comment – Listing a Debt “Just in Case”

Henry E. Hildebrand, III

October 29, 2023

An interesting decision – one we would like for you to weigh in on. Did the Judge get it right? Is this a win for Creditors? Is this yet another case that requires more work from Debtors’ Counsel? Let us hear from you.

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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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