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Arguments On SFRs Before The Ninth Circuit
I have written several times about discharging income tax debt in bankruptcy. My most recent post on this topic dealt with the question of whether a return filed after a substitute for return is a...
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Zombie Debt Redux
In today’s LA Times, Sean Pyles wrote a nice summary of the problem of zombie debt. He began with the observation that when the statute of limitations has passed on debt collection actions, creditors...
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The Ninth Circuit’s Martin Decision
I have written several times about discharging income tax debt in bankruptcy. Some time ago I wrote a post that dealt with the question of whether a return filed after a substitute for return is a...
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Harvey Weinstein, et al., and Bankruptcy
For those of you who have been living in a cave without access to any news of the day, I would bring you up to speed on the ever expanding sex abuse/sexual harassment scandal that implicates many...
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Drunk Driving Debt: Dischargeable If Debtor Was The Injured Person?
Suppose you’re driving home from a New Year’s Eve celebration. At the party you had one too many glasses of Krug Champagne. Suddenly a light pole leaps in front of you and you hit it. You’re badly...
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Bankruptcy vs Debt Settlement
In a recent issue of the L.A. Times, Liz Weston compared bankruptcy and debt settlement as ways to deal with overwhelming debt. Her column was good, but given the limited space she had, it was a bit...
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The Fight Against An Alarming Trend: Section 706(b) Motions – Part 1
There is an alarming trend facing us, and it is not the latest teen-age fashions. It is the filing of motions pursuant to 11 U.S.C. § 706(b), to convert individual nonconsumer Chapter 7 cases to...
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The Fight Against An Alarming Trend: Section 706(b) Motions – Part 2
In my last post I began to set the stage for a discussion of § 706(b) motions to convert a Chapter 7 bankruptcy case to one under Chapter 11 by considering § 707 motions to dismiss. I noted that §...
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The Fight Against An Alarming Trend: Section 706(b) Motions – Part 3
III. Dealing With A Motion To Convert Pursuant To Section 706(b) This post assumes familiarity with my last two posts (Part 1 and Part 2) of this multi-part series. Thus, while you can certainly read...
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The Fight Against An Alarming Trend: Section 706(b) Motions – Part 4
IV. The Constitutional Problem With A § 706(b) Motion I thank Daniel Press, an attorney practicing in Virginia, Washington, DC, and Maryland, for giving me his notes, which served as an afflatus for...
View ArticleLien Avoidance in Individual Cases – Part 1: Avoidance of Liens Under § 522(f)
This is the first of a four part series on lien avoidance. I developed these notes for a presentation I gave to the Central District Consumer Bankruptcy Attorney’s Association, Los Angeles,...
View ArticleLien Avoidance in Individual Cases – Part 3: Other Issues Associated with Liens
This post assumes familiarity with my last two posts (Part 1 and Part 2) of this multi-part series. Thus, while you can certainly read this post without reading those previous ones, you’ll get more...
View ArticleLien Avoidance in Individual Cases – Part 2: Avoidance of a Partially or...
This post assumes familiarity with my last post (part 1) of this multi-part series. Thus, while you can certainly read this post without reading that previous one, you’ll get more out of it if you...
View ArticleLien Avoidance in Individual Cases – Part 4: Lien Valuation
This post assumes familiarity with my last three posts (Part 1, Part 2, and Part 3) this multi-part series. Thus, while you can certainly read this post without reading those previous ones, you’ll get...
View ArticleCash Collateral In Chapter 11
What is cash collateral? Perhaps the best starting point to understanding the concept is with a relatively common example. Suppose the debtor has a rental property encumbered by a mortgage. The note...
View ArticlePayment of Postpetition Interest in Chapter 11 and Chapter 13 Plans
Some creditors are not entitled to postpetition interest on their claims. For example, general unsecured creditors typically don’t get postpetition interest pursuant to 11 U.S.C. § 502(b)(2). Other...
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