Dan Press, Virginia and D.C. Bankruptcy Attorney

May a Bankruptcy Trustee Directly Contact a Debtor Represented by Counsel?

by Dan Press, Virginia and D.C. Bankruptcy Attorney

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 [...]

Can a Foreclosure Sale be Set Aside as a Preference in Bankruptcy?

by Dan Press, Virginia and D.C. Bankruptcy Attorney

It is commonly understood that bankruptcy law affords no basis to set aside a prepetition foreclosure sale, even if the sale generated far less than the fair market value of the property, as long as the sale was conducted in a procedurally proper manner under state law.   That understanding may be an oversimplification, according to [...]

Court Holds that Same Sex Married Couple can File a Joint Bankruptcy Petition

by Dan Press, Virginia and D.C. Bankruptcy Attorney

According to an opinion signed, extraordinarily, by 20 of the 24 judges of the U.S. Bankruptcy Court for the Central District of California, based in Los Angeles, the Defense of Marriage Act (“DOMA”) is unconstitutional insofar as it bars same-sex couples who are legally married under state law from filing joint bankruptcy petitions.  Under the [...]

Brett Weiss and Adrian Lapas Awarded NACBA Distinguished Service Awards

by Dan Press, Virginia and D.C. Bankruptcy Attorney

  Congratulations to Bankruptcy Law Network’s Brett Weiss and Adrian Lapas on being awarded the 2011 Distinguished Service Award by the National Association of Consumer Bankruptcy Attorneys at its annual convention in Washington DC.  The awards were presented to Brett and Adrian by NACBA President Billy Brewer “In Recognition of and Appreciation for your Extraordinary [...]

According  to the 4th Circuit Court of Appeals, if you fail to tell your state taxing authorities after the IRS adjusts your taxable income, it may prevent you from discharging your state taxes in bankruptcy. Most states with personal income taxes base their determination of taxable income on federal taxable income, subject to some additions [...]

It depends on what the meaning of the word ‘is’ is. If the–if he–if ‘is’ means is and never has been, that is not–that is one thing. If it means there is none, that was a completely true statement… Testimony of William Jefferson Clinton, President of the United States, Before the Grand Jury Empaneled for [...]