de la Salle v. U.S. Bank, N.A. (In re de la Salle), 461 B.R. 593 (B.A.P. 9th Cir. 2011) (Jury, Kirscher, Dunn)

Form plan in Eastern District of California was consistent with statutes and rules concerning treatment of claims: proof of claim would determine amount and classification of claim; dividends would be paid based on claim, unless lien avoidance, valuation or claim objection affected amount or classification. Debtors objected to mortgage claim, and adversary proceeding against mortgage creditor was pending but not resolved. Plan that did not provide for secured proof of claim could not be confirmed.

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Representing Elderly Clients in Bankruptcy – Part 2 of 3

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By David Cox,1 Cox Law Group, PLLC (Lynchburg, VA) Click here for Part 1 of 3 C. Determining whether to file. Collection considerations outside of bankruptcy. Is the debtor judgment-proof? Are assets and income exempt? How active are creditors? Is the current situation likely to change? Has there been a previous filing, and if so, are there stay or exhausted...

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Hale Andrew Antico

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Intro: What is a Fulton ruling? When Chicago v Fulton (In re Fulton), 141 S Ct. 585 (Sup Ct, 2021) was first decided by the Supreme Court, there was a consensus among bankruptcy attorneys that the erosion of the automatic stay with regard to turnover was only about cars. That is, Fulton was a narrow ruling that was only about...

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What the FICO? Reaffirming Doesn’t Help My Credit Score?

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By The Honorable John P. Gustafson, United States Bankruptcy Judge, Northern District of Ohio (Toledo) Reaffirmation hearings during the pandemic have been difficult, at least for me. The economic risks for debtors are greater. There are uncertainties about the availability of credit, and the availability of suitable vehicles. Prices of used cars have gone up – with stimulus money pushing...

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2022 Bankruptcy Procedure Year in Review: Revised Statute and Rules and Selected Cases Part 10 Once Again: The Supreme Court Hands Down a Procedure Rule in Dupree v. Younger

Lawrence R. Ahern, III

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Henry E. Hildebrand, III

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From the IRS – Using Strong Password Is a Strong Defense Against Identity Thieves

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Two things taxpayers can do to protect themselves from identity theft is to use strong passwords and keep those passwords secure. While many people use fingerprint or facial recognition technology to protect their devices, sometimes it’s still necessary to use a password. In recent years, cybersecurity experts’ recommendations on what constitutes a strong password has changed. With that in mind,...

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