Member Articles

AAA_4864
June 9, 2024
“The U.S. Supreme Court has remarked that “[v]alue is a word of many meanings.” This is particularly true in bankruptcy, where the concept of value comes up repeatedly throughout the Bankruptcy Code, but “value,” with few exceptions, is not defined.”
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Academy Circle Logo Final
This is a GREAT resource everyone should read! “Sometimes the trustee’s office must deal with a difficult debtor. . . . All trustees know — or should know — that skilled debtors’ lawyers are our best allies.”
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Copy of Hildebrand-2016
Although Acevedo does not prohibit the court from entering an order ex post facto, to obtain an order authorizing employment of a professional effective from the date of filing application, must be based upon compelling and unusual circumstances.
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boltz2
June 9, 2024
Attorney Boltz shares a summary of a new study which looks at the Supreme Court ruling that noncollusive, regular foreclosure sales aren't voidable by a bankruptcy trustee, but collusive or irregular sales can be challenged by unsecured creditors, who can cloud the title if fraud is involved. The study explores when these sales can be avoided.
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moran_cathy
June 2, 2024
Bankruptcy lawyers can better present non-mortgage homeownership expenses to reflect current economic realities on the means test. By advocating for realistic expense allowances, based on a percentage of the home’s purchase price, attorneys can ensure fairer assessments and more successful bankruptcy plans. Additionally, Trustees and Judges should look at Atty Moran’s analysis here – change will take the whole village.
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Copy of Hildebrand-2016
Due process requires that before a Court imposes a reduction of unopposed attorney’s fees, notice and an opportunity to be heard is required.
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jitwan-floyd
June 2, 2024
Rule 3002 outlines requirements and offers remedies for untimely claims, giving bankruptcy judges discretion to grant relief. However, creditors should view these exceptions as corrective measures rather than substantial rights.
Members
Academy Circle Logo Final
May 26, 2024
Staff Attorney Jeff Leforce brought us this case back in January of 2022 . . . When is Enough, Enough? Pro Se Dismissed with Extended Prejudice (and Violates Bar)
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Academy Circle Logo Final
May 26, 2024
The Case of the Naked Client: In December of 2023 Cathy Moran brought readers this great exhortation to debtor attorneys to be very careful when completing a petition. What ISN’T there may be as important as what is there!
Members
NBR cropped 2
May 19, 2024
Debtor Attorneys, this one is specifically for you – a very direct answer from our ethics expert on a real-world scenario regarding ghosting clients (ghosting is an adjective here, not a verb! Have a question for Ms. Ps & Qs? Click here – you may remain anonymous if you wish.
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