Author: L. Jed Berliner, Western & Central Massachusetts Consumer Lawyer

28 Sep Means Test and Attorney Fees

I wrote about attorney fees as a means test deduction some time ago.BAPCPA's provision, codifiedat 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,...

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27 Jul At-Will Contracts Are Not Executory Contracts

Executory contracts get special treatment in bankruptcy. They are roughly defined as a contract where both parties still have to perform - think lease - unlike a loan where the lender's obligations ended when the loan was made. Executory contracts need to be listed in Schedule...

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25 Jul Three Bankruptcy Traps for Small Businesses

Perhaps you're self-employed. Or maybeyouown a small corporation or LLC. Times are hard. Time to see a bankruptcy attorney. You might be surprisedto realize that thesetwo items are considered assets: accounts receivable and unbilled work in progress. A trustee can try to take these by telling...

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27 May Stay and Discharge Violation Settlements Not Confidential

Bankruptcystops most collection efforts. There's an automatic stay, an injunction, as soon as the case is filed. Then there is the discharge injunction, when the case is over. Those are the core protections you want and get by filing the bankruptcy case. That's why you...

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