Filing bankruptcy is usually an administrative process. Information is gathered, forms filled out, and there’s a brief hearing conducted by a trustee. But in some cases an “adversary proceeding” occurs. An adversary proceeding is essentially a case within a case. It’s a lawsuit within your case about something related to the bankruptcy case. All this [...]
May 2010
Are foreclosures really slowing down? This question was answered. According to Realty Trac, the answer is yes. It seems the number of foreclosures that were filed were down by 2% over last year. So, what we are really playing is a numbers game. This statistic doesn’t mean that people aren’t losing their homes, it only [...]
When a confirmed Chapter 13 bankruptcy plan threatens to fail, the debtor needs to consider whether the plan can be modified to survive. The debtor can seek a change in the amount of the monthly payment or the length of the plan. Debtors who experience a change in financial circumstances often seem to freeze, to [...]
Recently in United States v. Boulware (09-5125), the Court of Appeals for the Fourth Circuit affirmed Ms. Boulware’s perjury conviction for lying on her bankruptcy petition. Briefly, since 1995, Ms. Boulware filed for bankruptcy protection 16 times in three different districts. In May, 2007, the bankruptcy court entered an order dismissing her case and prohibited her [...]
A California bankruptcy court recently cited a catalog of misconduct in suspending a lawyer from practice and imposing a steep fine as a sanction for violating Rule 9011. In re Tran, 2010 WL 1255617 (Bky.N.D.Cal. April 2, 2010), resulted in a thirty day suspension from practice before the bankruptcy court; a $7,500 fine, with $5,000 stayed [...]
Yes, you read that right, and it says what you think it says, just list the things you want to keep in your bankruptcy. That’s what a bankruptcy lawyer should advise each and every client. Because the bankruptcy law, and every bankruptcy judge who has ever been asked, says the same thing: intentional failure to [...]
