Consider Chapter 13 - Latest Comments

Re: The 1911 Bar Exam

Gary Gaertner — Tue, 15 May 2012 18:03:24 -0000

Apparently, an applicant needed to know as little about the law as I did, when I took the Bar Exam 68 years after the 1911 test was formulated. Leave it to Mark Yochum to unearth a copy of the 1911 exam. I understand that Professor Yochum is considering a requirement that all of his students wear only 1910-style attire in his classroom. I have only observed Professor Yochum when he has taught CLE courses in bankruptcy. His lectures contain both insights and punch lines, delivered with the aplomb and flair of a born actor. Since he does not actually practice bankruptcy law, he is never inhibited, in his criticisms of judicial opinions from all levels. Unlike the compilers of most bibliographies, it is probable that he actually read the books on the list. He probably thought that those books would be tested in the Bar Exam.

Re: Three Cheers for Puffer

Mark Leffler — Mon, 14 May 2012 11:53:44 -0000

Well stated, Ms. Moran. As we often say around our office, we did not make this law (BAPCPA) and we did not ask for this law. We are simply trying to work out solutions for real people in very difficult circumstances. My view is that Chapter 13 has always offered most debtors a better outcome and, if nothing else, a softer crash landing than Chapter 7. The reality we face every day is that most people have a mortgage or car note or some other circumstance (including the immediate need for the automatic stay & the inability to immediately raise the full Ch. 7 fee) that is best dealt with in Chapter 13. Chapter 13 also still has the "relatively-super" discharge & going that route instead of Ch. 7 helps us avoid the effect of what I believe to be the most inhumane provision added to the Code under BAPCPA, section 1328(f)(1), the 4-year bar to getting a Ch. 13 discharge if you have a prior Ch. 7 discharge. We are also fortunate in the ED of VA to have trustees and judges whose usually give Chapter 13 debtors a chance to succeed even where there are potential feasibility questions & even where the anticipated outcome for unsecured creditors is dim. As debtors counsel who want to maintain this balance, however, we always try to say "thank you" by carving out at least a little something for unsecured creditors. Our firm also does plenty of pro bono Chapter 7 cases for those who are genuinely in need of Chapter 7 relief but simply can't afford it.

Re: Three Cheers for Puffer

Erickfox — Mon, 14 May 2012 01:00:20 -0000

typos; Essentially, one fee is to prep and file the case....the other is to prep for ..... and perform....TV on...

Re: Three Cheers for Puffer

Erickfox — Mon, 14 May 2012 00:56:23 -0000

One silver lining of Bapcpa, is it now give Debtor's the option to apply for waiver of filing fee if they are 150 percent below poverty (I think its section 108); In these cases, I either do pro bono, or whatever they can afford/a nominimal fee depending on circumumstances, below market value, but tell the the client I won't file it until I have at least one full pay client which will be filed at same time so case numbers are close, and MOC will be one trip for for both/all cases.

Once the Bankruptcy case is filed, the debtor's atty cannot collect on a pre-petition contract. So for those needing a payment plan, I apply to pay filing fee in installments; I have one contract to file the case; then after filing, they come in and sign another contract to finish case. The filing fee is paid in first month of the chapter 7 then they can start paying me the rest of my post filing atty atty fee. Essentially, one feed if to prep and file the caser (get auto stay); the other is to preep for MOC, rep at MOC and preform administrative tasks through discharge.

Re: A Defense of Student Loan Nondischargeability

Jan Hamilton — Tue, 01 May 2012 22:21:47 -0000

Those of us from the 60s and 70s got along pretty well without them. We got jobs, limited our social life, drove inexpensive cars, had inexpensive apartments and lived low to the ground to get through school. On the other side, student loan creditors loan students money they can't possibly pay back. Many of the schools (medical coding? Are you serious?) offer questionable programs. If student loan money can be used for places like University of Phoenix, then I rest my case.

Re: Other Debtor Intake Resources

Regina Logsdon — Tue, 01 May 2012 21:17:05 -0000

This document has been edited and replaced.

Re: Other Debtor Intake Resources

Carole — Mon, 23 Apr 2012 13:18:34 -0000

Think you might want to check out the Chp 13 retainer agreement as well where it provides that "in the event of dismissal ....or conversion.....that the debtor will pay any remaining balance(s) due in the following way.....(see provisions in the retainer agreement as posted)
If the case is "converted" this retainer agreement seems to assert that any remaining fees can be collected. I see a bit of an Auto Stay problem for one thing - actually there's a number of problems in the retainer agreement. Simply put, I don't know what jurisdiction these forms were written for or approved in, but our Chp 13 Trustee and the local rules set the provisions for payment of attorney fees remaining post-petition. The "priority" thing about payments we have to deal with...this 'detailed' retainer agreement sets it own provisions, wouldn't fly in my court, might just get me in a bit of trouble.
Are there jurisdictions where these provisions would be OK with the Trustee/Court ?

Re: Other Debtor Intake Resources

Carole — Mon, 23 Apr 2012 10:56:15 -0000

Got a problem with #8 in the Guidelines for Chapter 7 Cases:
If you still owe this law firm attorney's fees
for your Chapter 7 bankruptcy case, you should make your first installment
payment on your balance when you come to court for your meeting of creditors.
If you cannot make an installment fee payment, you must notify us immediately.There may be Circuits where this would pass muster, but unless something major has changed and I missed it (does happen to us all) debtors attorneys simply cannot do this. I'm not saying this doesn't go on, but I thought the issue was long settled that this is not permitted. Henry/others ? Is something new on this issue?

Re: Helpful Internet Sources For Locating & Identifying Financial Institutions and Their Officers

Mark Leffler — Mon, 23 Apr 2012 09:17:22 -0000

This is incredibly helpful. Thank you!

Re: The Organized Lawyer

Mike Clark — Mon, 23 Apr 2012 08:57:56 -0000

Yes. For some reason, first impressions do last. People tend to judge others according to the way they present themselves. An organized lawyer is very important. When a client notices how clean and orderly a lawyer’s office is, the first thing that comes to mind is that the owner is pretty decent and organized. In some way, a person’s personality greatly affects his/her work performance.

Re: Hanover Nat. Bank v. Moyses, 186 U.S. 181 (1902)

Jhayes — Sun, 01 Apr 2012 22:12:48 -0000

Considerchapter13.com

Re: Supreme Court Grants Cert in RadLAX

tony — Tue, 27 Mar 2012 12:36:49 -0000

does Radlax have a good chance of winning?

Re: New and Notable: 2/6/2012

bankruptcy lawyers new york — Tue, 27 Mar 2012 01:46:03 -0000

The Bankruptcy attorney will definitely help those people if they have filed for bankruptcy so
that, the common people do not get over burdened with the debt which
will be impossible for them to pay back.

Re: Yet Another Pre-Discharge Requirement in Chapter 13 – the Section 1328 Certificate

N Bisges — Mon, 26 Mar 2012 10:04:02 -0000

Agreeably, this certificate does little but burden the process, yet why don't you litigate this matter instead of belly aching and writing articles. The reason is that you do what you do is that you will lose the agruement in Court.

Re: Critical Case Comment: Morris v. Quigley

Jan Hamilton — Mon, 26 Mar 2012 09:03:45 -0000

This is result is most predictable, given the Lanning holding, although no facts or argument were presented in Lanning on the expense side. While this particular fact pattern is easily diced and sliced, portions of the expense side of 707(b)(2) are not disposed of as easily.

Re: The Organized Lawyer

Alecia Longsworth — Wed, 21 Mar 2012 12:57:59 -0000

I have great respect for lawyers and how efficient they handle each and every case. I also admire their organizational skills. I have a friend who opened his own law firm. Besides being an exceptional organizer, I can see his love and passion for his work in his eyes. I can only hope that good things would come to him eventually now that he has started on a path of his own.

Re: The New iPad: Should You Buy It?

xackr — Mon, 12 Mar 2012 14:23:54 -0000

Doug, I agree that Android tablets have come a long way but as a early adopter of the Galaxy Tab (the original 7" tablet) I had tons of problems with it. The original Android was designed for phones and only recently has come into it's own with version 2.3 and more recently Ice Cream Sandwich. The problem is there are a bewildering array of android tablets out there with a wide variety of specs so to categorically say that Android is better than the iPad is fairly easily refuted. There are some android tablets that are in the range of the iPad in terms of build quality and performance. As far as apps go there (as of June 2011) there were 75 times more apps available in the Apple App store as there was in the Android Market. Also many of the Android apps are not even designed for the newest versions of the OS so the actual number of apps for the current batch of tablets is even smaller. I currently own a Samsung Galaxy Player which is an Android 2.3.5 (Gingerbread) semi-tablet. It runs QuickOffice as does the iPad and I can tell you the version on the iPad is more robust. Connectivity to Google is pretty solid too. I do use (and recommend) Pocket Informant on the iPad and it syncs to Google Tasks and Calendars the best I've seen. It is also available on the Android. It's true you can add a micro-SD card to more tablets for expansion of storage space, but it can be complicated and klunky to use with the tablet taking extra time to scan the card everytime you start it up. Not everyone wants to get down into the nuts and bolts of a filesystem but rather just use the device. The openess of the system is also what makes it more susceptible to malware - which Android has more of than iOS. To take advantage of the openness you have to allow non-marketplace apps to run on your tablet. Google has moved toward making the newest versions of Android open to supporting C compiled programming versus it's limited Java based previous incarnation. Finally battery life seems to be different with the iPad giving a full 9 hours and many Android tablets going 6-8 at best (The Transformer being the exception to the rule with 16 hours when plugged into it's keyboard). All that being said, I've seen Android tablets that are capable of supporting a practice virtually the same as the iPad, except I haven't found an application for Android that can replace SoundNote on the iPad - so for now the nod will go to Apple but with all things tech that could change at anytime. Thanks for your comment, maybe I should work up a head to head against the Transformer which is one heck of tablet and is serious competition for the older iPad 2 and original iPad.

Re: The New iPad: Should You Buy It?

Doug Jacobs — Mon, 12 Mar 2012 11:51:00 -0000

The iPad is a wonderful device; and, no doubt, the new one will be even better. It pales, unfortunately, in comparison to a good Android tablet for business use. My android has a normal USB port; an sd card port; and more memory than any iPad. It functions with a file directory for easily moving and storing files (and keeping some secure from prying eyes). It also "talks" easily to Google - to see my calendar; review docs; post docs; etc.
And an open development platform means more apps; better apps; and more choices. I have available at least a dozen pdf readers; and sure, all I need is one. But I get to choose among a host of features including bookmarks on the go; download ease; etc.
Don't get me wrong - the iPad is terrific, and in some ways, quicker, more elegant, and "cooler" than my Android. But it lacks the functionality for business/legal use that the Android has.

Doug Jacobs,
EDCA BK Atty

Re: Debtor’s Counsel’s Duty of Due Diligence–Did the Attorney Impress Upon the Debtor the Critical Importance of Accuracy in the Preparation of Documents to Be Presented to the Court? Pt. 2

Tc88 — Fri, 09 Mar 2012 23:16:46 -0000

Chief Judge Alex Kozinski of the United States Court of Appeals for the Ninth Circuit announced today the appointment of attorney Fredrick E. Clement to serve as a judge of the U.S. Bankruptcy Court for the Eastern District of California.Mr. Clement, 51, will fill a judgeship to be vacated by Bankruptcy Judge Whitney Rimel, who plans to retire on March 15, 2012. He will officially take office on March 16, 2012 and plans to maintain chambers in Fresno.“We welcome Mr. Clement to the bankruptcy bench. He is a knowledgeable and experienced practitioner who will be an asset to the Ninth Circuit,” Judge Kozinski said in announcing the appointment.A solo practitioner in Redding, California since 1993, Mr. Clement is a certified specialist in all areas of bankruptcy law. He previously litigated in state courts, handling business and real estate disputes and was involved in a large number of bench trials and two multi-week jury trials.A native of San Luis Obispo, California, Mr. Clement received his B.A. from Westmont College in 1982 and graduated cum laude from U.C. Hastings.Mr. Clement has served as a judicial arbitrator, hearing officer and judge pro tempore in state and municipal proceedings. Active in the bankruptcy legal community, he serves on the Bankruptcy Court Clerk’s Advisory Committee and is a member of the American Bankruptcy Institute, the National Association of Consumer Bankruptcy Attorneys, and the Sacramento Valley Bankruptcy Forum. He founded the Redding-Chico Bankruptcy Forum in 2003.The U.S. Bankruptcy Court for the Eastern District of California is the fifth busiest bankruptcy court in the nation with 51,481 filings in fiscal year 2011. The court is authorized seven bankruptcy judges. At the court’s request, Judge Rimel will continue to serve as a recalled bankruptcy judge available to preside over cases.Judges of the U.S. Court of Appeals for the Ninth Circuit have statutory responsibility for selecting and appointing bankruptcy judges in the nine western states that comprise the Ninth Circuit. The court uses a comprehensive merit selection process for the initial appointment and for reappointments. Bankruptcy judges serve a 14-year, renewable term and handle all bankruptcy-related matters under the Bankruptcy Code.

Re: Ask Ms. Ps & Qs

Carl — Thu, 16 Feb 2012 08:34:28 -0000

Sometimes lawyers make the mistake of caring more about the case than the client. It should be mutual. In this instance, I would simply ask to withdraw if methods of communication cannot be conveniently established. Either this would be a wake up call showing the severity of the client's neglect or the attorney can go forward with other clients who respect attorneys and their advice

Re: Critical Case Comment: In re Heideker

Jan Sensenich — Mon, 06 Feb 2012 12:35:59 -0000

I agree with Mr. Hildebrand's conclusion that just because trustees can oppose such motions, it doesn't mean they should in all cases. In a case were there is a reasonable dividend to unsecured creditors in a below median case, such an early payoff eliminates the many risks of default (debtor death, illness, disablity, job loss, etc.) And then of course there is the time value of money. The same payoff years earlier is worth more. Where a debtor can easily convert of of Chapter 13, a trustee should certainly weigh all the factors before making an objection. As we say in Vermont, "pigs get fed, hogs get slaughtered".

Good comment.

Re: UST Allows Unprecedented Fees

Jan Sensenich — Mon, 06 Feb 2012 12:15:58 -0000

It seems like the right outcome to me. The U.S.T. rule on not taking fees on refunds in unconfirmed cases never seemed to me to have any basis in the Code. Often 503(b) fees have no relation to the amount paid into an unconfirmed Plan nor how long the case was pending. Taking a fee on what is paid in on those cases that never get confirmed has the unconfirmed cases paying exactly the same way the confirmed ones are paying which seems to make sense to me. Just my opinion of course.

Jan Sensenich

Re: Cert Denied in Baud

Larry — Mon, 16 Jan 2012 16:18:48 -0000

Neither. Trustee's are required to administer a confirmed Plan without regard to whether it is an economic burden. We have to take the bad with the good. The Court rules on the application of the law and the Trustee is charged to administer it.

Re: Cert Denied in Baud

Hank13 — Mon, 16 Jan 2012 12:36:52 -0000

How can this result possibly improve the prospects of chapter 13? This sounds like voluntary servitude for 5 years. What about a debtor that wishes to prepay the case with exempt assets? Or a gift from mama? What can a debtor do to payoff before the end of the ACP? Should a trustee be able to exercise discretion?

Re: Cert Denied in Baud

Cathy — Mon, 16 Jan 2012 09:11:51 -0000

What's the stance of a Chapter 13 trustee who is to administer a five year long case with a minimal payment? Do trustees see this as vindication of the law or as an economic burden on the trusteeship?