Monthly Archives: September 2009

File bankruptcy tomorrow?

It’s happened again:? there’s an email in Monday morning’s inbox from a client whom I first met weeks ago, who tells me they want to file before Wednesday’s mediation in state court!? I have no creditor information, representation agreement, money, or credit counseling certificate. Just as? inconvenient, I’m not sure I have staff who can…

Mastering the Means Test: lawyer training

The details are set:  October 29  5-7:30 p.m.  Computer History Museum, Mt. View Designed for lawyers new to the bankruptcy practice, this class will focus on the practicalities of the means test.  Who has to take the test?  What is income?  What are the overlooked deductions? The class is limited to 35 participants and we…

Required financial management education: BAPCPA’s one good thing

Once again, a client told me that if she’d known before what she learned in the financial management class required to get her bankruptcy discharge, she probably wouldn’t have needed bankruptcy in the first place. Pretty strong words, from someone who admitted that she approached the required class with low expectations. She announced that she…

Is defaulting on mortgage immoral?

Falling home prices have lead to a surge of strategic defaulters, in real estate columnist Kenneth Harney’s words:  people who abruptly choose to stop making mortgage payments.  These folks have made an economic decision that continuing to pay on a house that is significantly underwater does not make economic sense. Harney is clearly bothered by…

Bankruptcy discharge vs. dismissal

Dismissed and discharged. These two terms are at the opposite ends of the scale of results in bankruptcy, yet they are often confused. A debtor gets a discharge and is relieved of the legal liability for the dischargeable debts in the bankruptcy case. A dismissal means the bankruptcy case was terminated short of the discharge. …

Means test class on the way

I am inching closer to presenting a 2 + hour class for attorneys new to bankruptcy on the bankruptcy means test. My target date is mid October, mid way between my speaking engagement for the Midwest Bankruptcy Institute in Kansas City first of October, and my two presentations at the NACBA Fall Workshop in November….