BankruptcyLawNetwork

An often overlooked component of a bankruptcy case is whether the debtor is entitled to receive an inheritance.  This can be very, very important because if the debtor becomes entitled to an inheritance within certain times, the inheritance could go to a bankruptcy trustee and the payment of a debtor’s creditors. Under 11 U.S.C. § [...]

One reason that people considering bankruptcy hire lawyers is to prevent other lawyers involved in the matter from communicating directly with them, to avoid being taken advantage of.  The rules of legal ethics or professional responsibility governing lawyers unquestionably prevent creditors’ lawyers from making direct contact with represented parties.  But according to many legal ethics [...]

  Miscellaneous fees in the U.S. Bankruptcy Courts increase again on November 1, 2011.  The filing fee to initiate a bankruptcy case is not changing. Debtors will have to pay $30 to amend schedule d, e, f, g, or h, up from $26.  Creditors will have to pay $176 to file a motion to lift [...]

New Mexico had its largest wildfire in its history this summer — the Las Conchas fire burned  156,593 acres (244.6 square miles) not far from where I live. To me, the continuing harsh economic times also continue to consume ground people once took for granted. In my state, New Mexico, starting on October 14, 2011, [...]

I wrote about attorney fees as a means test deduction some time ago.  BAPCPA’s provision, codified at section 707(a)(2)(A)(iv) of the Bankruptcy Code, says that priority claims are deducted from income.  Priority claims include a Chapter 13 debtor’s counsel’s fees.  See sections 507(2), 503(b)(2), and 330(a)(4)(B).  Therefore, our attorney fees are a means test deduction.  Oddly, the [...]