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.
Debtors can now make their chapter 13 plan payments in EDKY online (for a fee) through http://www.TFSbillpay.com (“TFS”). Debtors’ attorneys, here is what you need to know about this new service.
Some 523(a) nondischargeable debts, such as 523(a)(6) willful and malicious injury to property, CAN BE discharged in a chapter 13 case when the debtor completes plan payments. Creditors attorneys need to know when to file a 523(a)(6) complaint.
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.
There is a difference between avoiding a lien under section 522(f) and treating a secured claim as wholly unsecured based on the value of the collateral. The latter is colloquially referred to as lien-stripping, but often it is erroneously considered a lien avoidance action, which causes confusion as to how the claim is to be treated in the plan. Do you know the difference?
Chapter 13 Trustee Jody Bledsoe, Debtors’ Attorney Craig Shapiro, and Thomas Hooper, Staff Attorney to Chapter 13 Trustee Russell Simon, will discuss objecting to claims using the FDCPA.
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.