Demystifying Bankruptcy Appeals

Consumer bankruptcy attorneys in my experience tend to see appeals as a massively expensive undertaking fraught with unfamiliar rules and the threat of sanctions at every turn. That is not the reality. The purpose of this short article is to allay those fears. It’s a fun and satisfying process; dive in says I.

Final order

You can only appeal a “final” order. That is not easy to figure out in the bankruptcy arena. The Supreme Court recently considered whether an order denying stay relief was a final order. It said that a . . .

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M. Jonathan Hayes

Senior Counsel, RHM Law, LLP (Los Angeles, CA)

M. Jonathan Hayes has practiced consumer bankruptcy law primarily for the past 42 years in Southern California. He recently completed a two-year sabbatical as the BAP Law Clerk first for Judge Laura Taylor in San Diego and then for Judge William Lafferty in Oakland. He is now Senior Counsel to the bankruptcy firm of RHM Law, LLP. Jon has been an Adjunct Professor of Law at the University of West Los Angeles School of Law for the past 33 years where he has taught Bankruptcy, Business Associations and other subjects. Jon was a member of the California State Bar Board of Legal Specialization, Bankruptcy Law Advisory Commission, 2010 to 2018. He was Vice-Chairman for the year 2016-2017 and Chairman for the year 2017-2018. He was President of the Central District Consumer Bankruptcy Attorney’s Assn (“cdcbaa”), 2013 and 2014, and is a member of the Board of Directors 2008 to present. He was a Lawyer Representative to the Central District Judicial Conference, 2014 to 2019. Today he has joined with Hon. Meredith Jury (Ret.) to form a bankruptcy appellate “dream team” with six other bankruptcy attorneys throughout the 9th Circuit to help consumer attorneys with their bankruptcy appeals. Jon has written four books entitled, “A Summary of Chapter 13” published in November 2019; “A Summary of Bankruptcy Law, Third Edition” published in December, 2016; “Bankruptcy Jurisprudence from the Supreme Court, Second Edition” published in 2016; and “Melvyn ‘Deacon’ Jones: My 40 years with the Blues Legends,” published in 2004. All are available on Amazon.com. You can reach Jon at [email protected].

When the Duty to Provide Tax Returns Collides with Confidentiality

Michael B. Joseph

February 6, 2022

Bankruptcy Code Section 521(e)(2)(A)(i) and (ii) provides that a debtor must supply tax returns to the trustee in a chapter 7 or 13 case, and to a creditor who timely requests such copy. Must the debtor provide copies that contain personal identifying information such as names, addresses and social security numbers of dependents including minor children? Or a redacted version...

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Tenancy by the Entireties and the § 522(f) Calculation

James M. Davis

February 25, 2024

“Over the years courts have struggled to apply the lien-avoidance provisions under § 522(f) to jointly owned property. . . .Things get even more confusing when the debtor owns property as a tenancy by the entireties. That antiquated form of ownership has odd characteristics that do not fit well into the § 522(f) calculation.”

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Overruled: The Human Toll of Too Much Law – A Book Review

M. Jonathan Hayes

October 6, 2024

“What, he [Gorsuch] explains, jumped out at me is that not only are there too many laws and administrative rules, but there are too many laws and rules created by agencies -- by individuals not chosen by we the people, and often in the far-away land we call Washington.”

Consumer Foreclosure Procedures

October 23, 2020

From the Editor – Discharge Injunction

May 31, 2020

By The Honorable William Houston Brown (Retired) Application of Taggart to lien avoidance. When the Chapter 13 confirmed plan bifurcated the secured creditor’s claim and the secured portion had been paid in full with interest, the completion of payments voided any lien, and the creditor violated the discharge injunction by commencing foreclosure. The Panel found the plan’s language, although “inartful,”...

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The Proposed Consumer Bankruptcy Reform Act: A Political Analysis

January 17, 2021

By Kevin M. Ball, Eastern Michigan University Senator Warren and Representative Nadler introduced identical legislation entitled the Consumer Bankruptcy Report Act (“CBRA”) late in the 116th Congress. Although the bills died without action at the conclusion of that term, the sponsors have indicated their intent to reintroduce them in the 117th Congress. The legislation would bring major changes to the...

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The Collector

The Academy

January 14, 2024

Bankruptcy Judge (E.D. Washington) serves up classics with wooden tennis racket collection.

2 Million ITINs Set to Expire in 2019; To Avoid Refund Delays Apply Soon

October 13, 2019

Taxpayers with expiring Individual Taxpayer Identification Numbers (ITINs) can get their ITINs renewed more quickly and avoid refund delays next year by submitting their renewal application soon, the Internal Revenue Service said 10/10/19. An ITIN is a tax ID number used by taxpayers who don’t qualify to get a Social Security number. Any ITIN with middle digits 83, 84 ....

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The Hunt for Deductible Interest – Money Too Often Left on the Table

February 16, 2020

By Cathy Moran, Esq. (Redwood City, CA) One of the mysteries of Chapter 13 is why mortgage lenders don’t send an IRS 1098 for mortgage payments made through a Chapter 13 plan. And without that reminder piece of paper, our clients don’t realize that much of what the trustee pays to mortgage creditors is deductible interest. Miss that deduction and...

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The Dilemma of Non-Filing Claims

Keith Rucinski

July 14, 2024

“The non filing and late filing of claims is a national issue with many jurisdictions struggling to address the issue.” Great article, particularly for creditors/creditor attorneys. Not a subscriber? Click here.

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