Member Articles

“. . . Rules of Evidence can be confusing . . . , particularly the rules about hearsay. Is a statement hearsay but admissible under an exception? Or, is the statement non-hearsay and, therefore, admissible under another rule?” Judge Lopez-Castro takes a look at admissions you will want to read!

“Your marketing is your opportunity to set yourself apart. It’s your chance to show why you’re different — better — than your competitors.”

“Bankruptcy attorneys often operate from a mindset of scarcity. . . . They undercharge, give away their time, and scrimp on resources, running their practices like they’re always one bad month away from shutting down.”

Part 1 of this series introduced the purpose of these articles and discussed four fundamental rules relating to motion practice. This second article takes a deeper dive into one of those rules, Rule 9014.

The present value “interest” that must be paid on a secured claim in accordance with § 1325(a)(5)(B), as determined by Till, is to be paid from the effective date of the plan – confirmation – and not calculated from the date the plan was filed.

While you may want to read all 44 pages, Trustee Waterman has done an excellent job of breaking it down.

“I tend to believe that . . . attorneys are worried about . . . office looks like, key word/website optimization and the like. As a result, consumer bankruptcy attorneys fail to focus on referral sources. . . . Before costs, he or she needs to worry about a steady stream of paying clients.” See also: Personal Injury Attorney’s Duty of Reasonable Inquiry of a Client’s Bankruptcy This is a free resource you can share when contacting PI attorneys for referrals.

This is the first in a series of resources intended to simplify and facilitate the search for and application of certain bankruptcy rules relevant to chapter 13 practice. This article will look at four fundamental rules relating to general motion practice: Rules 9013, 9006, 9007, and 9014.

It looks like the Debtor has completed all plan payments, that the plan is fully consummated, and the debtor is ready for discharge and closing of the bankruptcy case. Not so fast. There may be matters remaining that need to be addressed to get over the finish line. Attorney Joseph offers subscribers a checklist of potential issues that could inhibit discharge.

Jen Lee is spot-on highlighting poor client communication as the source of both individual client anguish and with discontent with the legal profession as a whole. Failure to return calls is the most frequent complaint to the state bar where I practice. See also: -Stop the Chaos and Fix Client Communication with Smart Tech -Spitballing Chapter 13’s Image Makeover -Ditch the Bankruptcy Jargon—Marketing Chapter 13 as the Ultimate Solution (Note that there are a few comments on this article.) Thoughts on a Chapter 13 image makeover? Let us hear from you.