Since 2006, debtors filing for bankruptcy protection have been subject to random audits. As part of the reforms of the Bankruptcy Abuse and Prevention Consumer Protection Act of 2005 (BAPCPA), Congress required random audits to verify the accuracy and completeness of debtors’ bankruptcy filings. 28 USC 586(f). The targets are randomly selected and average approximately [...]
You have to name it to claim it!
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Lawsuits are assets that must be disclosed to the Bankruptcy Court I just filed a case where we listed a potential FDCPA claim in my client’s bankruptcy schedules. She had been harassed by a debt collection agent who had left an inappropriate voicemail on my client’s answering machine. It was heard by people who were [...]
Legal Research for your iPhone, iPod Touch and new iPad !
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Today, legal publisher Fastcase has announced that they have released the world’s first legal research app, available for the iPhone, iPad, and iPod Touch according to PRWeb. The app will be the largest law library on the iPhone, available as a free download, and will allow free searching of the company’s national law library of [...]
Eastern District of Michigan Encourages Bankruptcy Attorneys to Learn More About Income Tax Issues
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Tax season is again upon us – as evidenced by the instruction booklet I received in the mail earlier this month – which brings up some potentially complicated issues for consumer bankruptcy attorneys. Some of these issues were discussed in two relatively recent articles by John O’Connor on this site, “Be Careful With Tax Refunds [...]
Dangers of Unperfected Liens
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Liens against real property that have not been recorded or were not timely recorded, can be avoided by a Chapter 7 trustee and present a dilemma for a debtor. See 11 USC 544 and 11 USC 547(e)(2)(B). Once a case is filed, the trustee can assert power over the property of the estate. This means, [...]
Do all creditors have to be listed on bankruptcy schedules ?
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Yes. All of the debts have to be scheduled, with the name and address of the creditors. This is so they can receive notice of the bankruptcy, and get their fair share of any money that is paid to creditors. Sometimes debtors think that they should omit a creditor because they want to continue to [...]
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