Bankruptcy Mastery - Becoming a better bankruptcy lawyer

Time 2021-01-13 04:02:43

Web Name: Bankruptcy Mastery - Becoming a better bankruptcy lawyer

WebSite: http://www.bankruptcymastery.com

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The US Consumer Law Attorney Fee Survey Report , published for 20 years by Ron Burdge provides just that authority. It's free and far ranging.So, do your part by taking the survey online to get current information on fees in multiple areas of consumer law. The more people that participate, the more accurate and useful the data becomes, so please feel free to share this with your local listservs and Google groups.Previous reports have been used in Courts nationwide to award more than thirty million dollars in attorney fees to consumer advocates, including consumer bankruptcy attorneys.   State and Federal Courts routinely rely on this report in awarding hourly fees in consumer cases.   (If they aren't using this report in your cases, you should be using it as evidence!) It is one of the primary resources that has been used to increase presumptive fees set by bankruptcy courts in Chapter 13 [Continue reading...]Filed Under: Bankruptcy Practice Delinquent Utilities and Disconnection Under New Bankruptcy ProvisionBy Cathy Moran, Esq. Leave a Comment Filed Under: Bankruptcy PracticeBankruptcy debtors with delinquent utility bills got a measure of protection from interruption in their service under an amendment to the Bankruptcy Code in the omnibus spending bill enacted December 27,2020.Individual debtors cannot have their utilities disconnected as long as they make some payment for service provided after filing promptly after the commencement of the case.Debtors may get a full -compliance discharge of dischargeable debts if they have a residential mortgage and have not made all the payments required by their plan. See the text of new subsection below.Somehow, my staff hit a wall this week on what information we needed about cars and car loans.The debtor's monthly expenses "shall include reasonably necessary health insurance, disability insurance and health savings account expenses..."If the financial situation is essentially unchanged and all you have to do is adjust for a tax refund or a tax liability, it's little more than dividing the refund or tax due by 12 and making that adjustment to the current withholding.Limber up, and let's look at a fact pattern I faced with a December client who needed to file, but faced no immediate crisis.The point for analysis was protecting the tax refund for the year of filing from competing claimants.The trap snaps shut three years (or 1095 days) from now. At that point, the familiar three year rule for tax dischargeability won't be so simple. The newly enacted version of California Code of Civil Procedure 704.730 replaces the previous homestead system that pegged the amount of the available homestead to family relationships, including marriage, to age, or to health.For decades, we "knew" that a property couldn't be both joint tenancy and community property . Siberell. And for those of us in the 9th Circuit, we "knew" that when married folks acquired property with title taken as joint tenants, the property was [Continue reading...]Reasons Not To Prefer Business BankruptcyBy Cathy Moran, Esq. Filed Under: Business bankruptcyPreferences and the trustee's ability to recover them have to be one of the hardest concepts to convey to bankruptcy clients.Clients gag at the thought that paying a genuine debt before a bankruptcy filing can expose the innocent recipient to suit.I was reminded of a further preference wrinkle in a corporate insolvency situation this week when exploring bankruptcy possibilities for a long [Continue reading...]Tax Audit Aftermath-Did You Tell The State?By Cathy Moran, Esq. Filed Under: TaxOne of the bedrock requirements of the discharge of taxes in in bankruptcy is the requirement to have filed a return.But it gets more nuanced:  in California, when the feds audit the debtor and change any of the elemental figures in a filed return return, the taxpayer has an obligation to report the change to the Franchise Tax Board.That question comes up again and again from newish bankruptcy lawyers who can't imagine that a trustee would demand the closing of the debtor's business.After all, goes the argument, the debtor needs to make a living and the business has no non-exempt value.

TAGS:Becoming Mastery Bankruptcy 

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