When debtors cannot comply with terms of a confirmed plan due to unexpected circumstances, the noncompliance cannot always be fixed by modifying the plan or seeking court approval after the fact. This post is about two cases that were dismissed for reasons you might find surprising (but shouldn’t).
This post briefly discusses the following topics: Amended Federal Rules of Bankruptcy Procedure eff. 12/1/16; Motions to Incur Debt for Purchase of Vehicle; Motions to Compel Debtors to File Notices of Address Changes; and the 2017 Judge Joe Lee Bankruptcy Institute.
Are you adequately and accurately disclosing to your clients and to the court what your fee agreement is for representing debtors in chapter 13 cases in the EDKY? Many attorneys, I fear, are not.
I and my staff attorneys will no longer make representations to the court on behalf of an attorney who cannot or chooses not to appear at a hearing. No more courtesy announcements of continuances, settlements, agreements, withdrawals, or the like for absent attorneys. Read on for alternatives if you cannot appear at a hearing.
Our local rules mandate the use of a form chapter 13 plan, Local Form 3015-1. Here are a few notes to assist creditors’ attorneys and their clients in their review of plans filed in the EDKY. The tips are also useful for debtors’ attorneys and their staff in preparing the plan.
Looking through the Rules of Bankruptcy Procedure for a deadline or to find out if it’s too late to ask for an extension of a deadline in chapter 13 cases? Try this Quick Reference Guide to Critical Deadlines in Chapter 13 Cases.
When a chapter 13 debtor owns rental properties, the attorney needs to exercise special care when preparing schedules to avoid complications that can affect confirmation, such as liquidation, disposable income, and feasibility. Here are some practice tips.