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By Cathy Moran, Esq. Community property works differently in bankruptcy. I probably don’t have to tell you that. On the issue of assets and debts, community property is pretty straightforward. All of the community property comes into the estate upon the commencement of a bankruptcy case, even when only one spouse files. §541(a)(2). Every . . . → Read More: When The Marital Community Doesn’t Get a Bankruptcy Discharge by R. Michael Smith, Esq. The recent push for student loan forgiveness has been met with increasing opposition. The rationales for not providing a generally applicable path for student loan forgiveness or cancellation have included arguments based upon imagined unfairness to those previously able to pay off their loans, which seems to be both . . . → Read More: Student Loans Debacle-Part II: Failure to Forgive – The Ticking Time-Bomb By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville) Recently, news stories, political pundits, social media outlets and the talking heads have become keenly aware of the growing danger imposed by burgeoning student loan debt and the economic chaos it has caused and will continue to cause. . . . → Read More: The Student Loan Solution By Michael B. Joseph, Esq. An attorney meets with a potential client about a recent auto accident personal injury claim. The client suffered severe injuries and may be entitled to a large award. The client fails to mention that he is a debtor in an active bankruptcy. The client also has failed to advise . . . → Read More: Personal Injury Attorney’s Duty of Reasonable Inquiry of a Client’s Bankruptcy By: The NACTT Emeritus Trustee Committeei* In these times of fewer case filings, it may be helpful to look at ways that debtor attorneys may build and strengthen their chapter 13 bankruptcy practice. The following are some recommendations and ideas from the Emeritus Trustee Committee: Develop good relationships and communication with the court, the . . . → Read More: How to Build and Strengthen Your Chapter 13 Debtor Practice Please Login to view this content. (Not a member? . . . → Read More: Notice of Error Regarding Misinformation Given During Phone Call to Mortgage Servicer The CARES Act, Public Law 116-136 had amended several parts of the Bankruptcy Code, but included sunset provisions terminating March 27, 2021. The COVID-19 Bankruptcy Relief Extension Act of 2021, H.R.1651, passed by the House and Senate and signed by the President on March 27, 2021, extended some provisions for another year. Section 1113 . . . → Read More: Extensions of CARES Act Provisions By COVID-19 Bankruptcy Relief Extension Act of 2021 By William Sawyer, Chief U.S. Bankruptcy Judge for the Middle District of Alabama (Montgomery) (Used with permission. Court News and Views, Volume 18, October 2020) Lawyers who practice regularly in bankruptcy court invariably make many appearances at motion dockets. This article provides practice pointers to lawyers who do not practice often in this Court . . . → Read More: Practice Pointers for Arguing Motions (Items in italics have been added by Academy staff) . . . will be held virtually by ZOOM . . . Please visit our website at ch13pitt.com (this site has very detailed directions) for all of the details and instructions. A computer is not a necessity since ZOOM also allows participation by telephone (iphone, . . . → Read More: ZOOM – Instructions/Directions from the Office of Ronda Winnecour, Standing Chapter 13 Trustee* |
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Critical Case Comment
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