Tough economic times make us think about escape by filing bankruptcy. Bankruptcy offers a straight forward, predictable and immediate solution. But to get full measure of bankruptcy relief, you need to know which problems bankruptcy solves and when the time is best to file. Which problems bankruptcy solves Bankruptcy deals with debt, with the outflow […]
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10 Things Every Attorney Should Know About Bankruptcy
Financial stress is everywhere. It pops up in family law, litigation, business, and our dealings with taxing authorities. Every lawyer can better serve clients if they know a bit about bankruptcy, regardless of the focus of their practice. Here’s my list of bankruptcy basics for lawyers that every practitioner should know to guide clients to […]
Why I Love Chapter 13
How do I love thee, Chapter 13? Let me count the ways. Hang on, because it’s a long list. Thirteen reasons Chapter 13 rocks. I love Chapter 13 because: 1. Debtors keep control of their assets. They run their businesses. There is no trustee tasked to sell their assets. 2. Repayment to creditors […]
Chapter 13 Bankruptcy Disrupted by Coronavirus
Has your Chapter 13 bankruptcy case been turned upside down by coronavirus? You are not alone. And attorneys, trustees and judges are all working on adaptations and adjustments that will save pending cases. Practices and procedures in Chapter 13 vary widely around the country. What follows is what I see here in the Bay Area […]
4 Keys To Chapter 13 Success
How do I make a Chapter 13 plan that succeeds? That’s important because a successful Chapter 13 lets you Yet a distressing number of Chapter 13’s fail before they reach the finish line. The debtor writes the plan One powerful characteristic of Chapter 13 is that the debtor writes the payment plan. Not the judge, not […]
3 Real Reasons Chapter 13 Plans Fail
Two out of three confirmed Chapter 13 cases fail. Those are cases that met all the tests and got the judge’s OK. And still they crater. That’s a heap of people, deeply in debt, who don’t make it out of debt by using Chapter 13. Arizona bankruptcy lawyer John Skiba has a theory about […]
Why Bankruptcy Cases Go Down The Drain
I watched dozens of Chapter 13 bankruptcy cases get dismissed in a single afternoon in court recently. Dismissed. Tossed out. Ended. The usual reason was that the debtor had not taken seriously the requirement that all their tax returns be filed within 45 days of the commencement of the case. Regardless of the debtor’s need […]
Will A Second Bankruptcy Really Protect?
Immediate protection from collection is at the top of the list for most bankruptcy filers. They want the lawsuit to stop; the wage garnishment to stop; the debt collectors to stop. But, if this isn’t your first bankruptcy case, do you get that protection? What the automatic stay does The Automatic Stay (or “Stay”) protects […]
When Chapter 20 Bankruptcy Adds Up
You can look a long time in the Bankruptcy Code without finding Chapter 20. Chapter 7 is there; so are Chapters 11 and 13. But no 20. But you find it in bankruptcy courtrooms and in the arsenal of good bankruptcy lawyers. So, what’s up? Chapter 20 is really bankruptcy slang. It’s a Chapter 7 case […]
Best Of 2017: Reader Favorites On Bankruptcy Soapbox
I tallied up reader favorites from the 2017 posts on Bankruptcy Soapbox. The balloting is a bit unfair, since the fall and winter posts haven’t had the same exposure that posts from earlier in the year. But take note: the runner up is only about 8 weeks old. Your favorites, in reverse order: 10. Making […]
