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October 24, 2021
By Jay S. Jump, CEO, CertificateofService.com (Pasco, WA) My guess is you initially saw the title of this article and promptly pressed right on past it. Who needs to learn how to properly address an envelope? You didn’t spend three years in law school plus all that money in student loans to address an envelope! But, If the purpose of...
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April 28, 2024
The Academy’s webinar on the expense side of the means test produced more questions than time allowed to answer. Here are a few more answers (or admonitions).
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August 11, 2019
By Selwyn D. Whitehead, Esq. Because inquiring minds need to know; below is a discussion of the Johnson Publishing Company, LLC’s Chapter 7 Liquidation Bankruptcy, Case No. 19-10236, which was filed in the United States Bankruptcy Court for the Northern District of Illinois, Eastern Division in Chicago on April 9, 2019, and its week-long auction from July 22-24, 2019. Here's...
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August 18, 2019
Taxpayers with expiring individual taxpayer identification numbers should renew their number ASAP. There are nearly 2 million ITINs set to expire at the end of 2019. Taxpayers with an expiring number should renew before the end of this year. This will help avoid unnecessary delays related to their tax refunds next year. ITINs are used by taxpayers required to file...
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February 12, 2023
Previously the Emeritus Trustees (“ETC”) were asked to comment on “How to Manage Unprofessional and Discourteous Attorneys”. We now turn to ETC to share their collective wisdom when addressing the issues raised by incompetent, unprepared, and negligent bankruptcy counsel. Chapter 13 Trustees are required to administer cases in accordance with the duties set forth in 11 U.S.C. Sec. 1302 and...
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September 22, 2019
By Jan Hamilton, Chapter 13 Standing Trustee (Topeka, KS) I. The Plan1 A. Notions to Consider before the Plan is Filed… Time for Filing of the Plan. No later than 90 days after the filing of the case, the debtor is required to file a plan, unless the court extends the time if the “need is attributable to circumstances for...
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January 15, 2023
Introduction This series reviews developments in bankruptcy procedure during 2022. Amendments to 16 rules and new one new rule took effect December 1, 2022. Many reflected changes necessitated by the Small Business Reorganization Act of 2019 (SBRA),1 and have been in place in the same or similar form on an interim basis since that legislation took effect.
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October 30, 2022
Spending every dollar they make, and then some, is often how our Chapter 13 clients got into financial trouble. Yet Chapter 13, as practiced, validates the practice of continuing to spend 100% of each month’s income during the life of the plan. In doing so, we, as a society, squander the chance to use Chapter 13 to teach new budgeting...
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April 7, 2019
By Wm. Houston Brown, United States Bankruptcy Judge (Retired) Attorney Fees - Chapter 13 debtor’s attorney not entitled to recovery under § 330 of fees that were incurred in defending prior attorneys’ sanctions motion. The debtor’s prior attorneys had sought to impose sanctions on the current attorney, and that attorney successfully defended against sanctions. However, the fees incurred by the...
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January 21, 2024
“Is it possible to voluntarily convert a chapter 13 case to chapter 7, and later reconvert back to chapter 13? There is a split of authority on whether this maneuver is allowed.”
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