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When is an Issue Tried by Consent?

In a recent trial, I had occasion to encounter the issue of when an issue can be considered to have been tried by consent. The trial was an adversary proceeding in a bankruptcy court, and the issues related to the alleged...more

Preclusive Effect Of Bankruptcy Claims And Court Orders On Claims Objections

A recent issue surfaced in a Chapter 13 bankruptcy case related to a mortgage claim. The debtor had filed a previous bankruptcy case during which she had objected to the mortgage creditor’s claim. A hearing was set, but...more

Removal of Cases to Bankruptcy Court

Removal Generally - Removal of cases from one court to another is typically done when a party involved in a legal dispute believes the case should be heard in a different jurisdiction or court. Removal is governed by...more

Understanding the Statement of Financial Affairs in Bankruptcy

Introduction - In prior recent blogs, we looked at the “letter” schedules A-J. Now we turn to a few other important schedules that must be filed. When filing for bankruptcy, one of the essential forms you’ll need to...more

Bankruptcy Schedules: Schedule J

Continuing with our series on bankruptcy schedules, today we’ll look at Schedule J, which is used to provide information about your monthly expenses. Schedule J is usually not discussed without discussing it in conjunction...more

Bankruptcy Schedules: Schedule I

Continuing with our series on bankruptcy schedules, today we look at Schedule I, which is used to provide information about your income. This form provides a variety of purposes in bankruptcy cases – depending on the chapter...more

Bankruptcy Schedules: Schedule H

Continuing our look at Bankruptcy Schedules, today we turn to Schedule H, which is used to list all of your co-debtors.  A co-debtor is someone who is jointly liable with you on a debt.  For example, if you and your spouse...more

Bankruptcy Schedules: Schedule G

Continuing with our series on bankruptcy schedules, today we look at Schedule G, which is used to list all of your executory contracts and unexpired leases. An executory contract is a contract in which both parties still have...more

Bankruptcy Schedules: Schedule F

Continuing our series on bankruptcy schedules, Schedule F is used to list all of your general unsecured debts. General unsecured debts are those that are not secured by collateral and are not entitled to priority payment...more

Bankruptcy Schedules: Schedule E

Continuing our series on bankruptcy schedules, today we turn to Schedule E.  Schedule E is used to list all of your priority unsecured debts.  Although Schedule E is now combined with Schedule F, we will separate the two for...more

Bankruptcy Schedules: Schedule D

Continuing on with our series on Bankruptcy Schedules, today we’ll look at Schedule D, which is used to list all of the secured debts that you owe as of the date that you filed for bankruptcy.  Secured debts are those that...more

Bankruptcy Schedules: Schedule C

This will continue our series on bankruptcy schedules. In a prior blog post, we looked at Schedule A/B.  Today, our focus will be on Schedule C related to the claiming of exemptions. ...more

Bankruptcy Schedules: Schedule A/B

This will be the first in a series of blog posts that will focus on completing bankruptcy schedules.  We’ll start in this blog with the first schedule – Schedule A/B. ...more

Fraudulent Transfers | Burdens of Proof

So this is the fifth and final installment of my five-part series on fraudulent transfers. In previous blogs, I laid out the basic statutory framework regarding fraudulent transfers, as well as described generally the...more

Fraudulent Transfers | Insolvency

So this is the fourth in my expected five-part series on fraudulent transfers. In previous blogs, I laid out the basic statutory framework regarding fraudulent transfers, as well as a described generally the difference...more

Fraudulent Transfers | Badges of Fraud

After a break for the holidays, this is the third of an expected five-part series on fraudulent transfers. In my first blog, I laid out the basic statutory framework, as well as a described generally the difference between...more

Elements of Fraudulent Transfers Under Bankruptcy Code and TUFTA

This is the second of an expected five-part series on fraudulent transfers. In my first blog, I laid out the basic statutory framework, as well as described generally the difference between actual and constructively...more

Fraudulent Transfers

Basic Statutory Framework and the Difference Between Actual and Constructive Fraudulent Transfers - Over the last 45 days, I have litigated four separate fraudulent transfer adversary proceedings in Bankruptcy Court. ...more

Obtaining Extension to Make §754 Election

Private Letter Ruling 202244002, November 4, 2022 - In a recent Private Letter Ruling, the Internal Revenue Service granted a partnership 120 days from the date of the letter to make an election under §754 of the Internal...more

Can Trustees Avoid Transfers Made Pursuant to Divorce Decrees or Other Agreements Incident to Divorce?

This issue arose in a case I am currently working on, and the short answer is yes, and divorce lawyers would be served well by becoming familiar with this possibility.  Situations where this might arise can vary...more

The Means Test

The Means Test was a change that was added by the 2005 changes to the bankruptcy law.  It’s designed to force those that make over a certain amount to file a Chapter 13 bankruptcy instead of Chapter 7 under the theory that if...more

Dischargeability of Divorce-Related Debts

Subsection (15) of Section 523(a) was added to the Bankruptcy Code in the Bankruptcy Reform Act of 1994 to expand the Section 523(a)(5) exception to discharge for marital debts.  Section 523(a)(15) provides that an individual...more

Bankruptcy Court | Shared Responsibility Payments | Affordable Care Act

Case: Szczyporski v. Internal Revenue Service (In re Szczyporski), No. 21-01858 (3d Cir., May 11, 2022). In a recent case out of the 3rd Circuit, the Court of Appeals affirmed a ruling emanating from the Bankruptcy...more

Violations of the Bankruptcy Discharge Injunction

The recent case of In re Micah Cade McKinney, Case No. 21-50046-rlj-11 (Bankr. N.D. Tex., April 28, 2022) provides insight as to violations of the bankruptcy discharge injunction....more

You Received an IRS CP504 Notice, Now What?

The IRS sends a CP504 Notice when a taxpayer has failed to pay a balance owed. The CP504 Notice is a Notice of Intent to Levy issued pursuant to Section 6331(d) of the Internal Revenue Code. If a taxpayer fails to make...more

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