Don’t Be Dismissive - Rule 41 • NACTT Academy

Don’t Be Dismissive – Rule 41

I was the third attorney on this lien avoidance matter. Instead of it being “third time’s the charm”, it came close to being “three strikes and you’re out.” All because of FRBP 7041.

This was the set up: debtor’s original counsel filed a number of lien avoidance actions, including the one against a landlord with a large default judgment. The motion was served, and, for reasons unknown, withdrawn, but not until the landlord had filed a response.

Enter the second attorney, many months later, and files a lien avoidance motion against the . . .

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Cathy Moran, Esq.

Head of Moran Law Group

Cathy Moran has headed her own small firm Moran Law Group in Redwood City, California, for over 40 years. Family law and tax issues as they play out in bankruptcy are areas of particular interest to Cathy.

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While some circuits differ, statutory interpretation suggests similar treatment for secured and unsecured claims regarding interest disallowance, unless context dictates otherwise. Attorney Siomos brings subscribers a follow-up to last week’s article.

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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...

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M. Jonathan Hayes

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