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BLT (Bankruptcy Lawyer Topics) is a periodic review and comparison of consumer bankruptcy topics being covered on bankruptcy lawyer blogs.

Holding a J.D. and an International Affairs M.A. from Marquette University, Matt Leichter (matt [dot] leichter [at] gmail [dot] com) is an attorney licensed in Wisconsin and New York.  Fearing the legal profession’s future, he has begun documenting the law school tuition bubble at his own blog, where you can read his latest posts on the state of legal education in Minnesota, “Land of 10,000 Lakes and One Tuition Bubble: Parts I and II”.

• Click on BK Lawyer Blogs for a state-by-state list of bankruptcy lawyers with their own blogs.
• Have a blog or know a good blog post you think should be included? Or a suggestion for a future BLT theme?  Send an e-mail to BLT [at] bankruptcybill [dot] us with the link.
• Suggestion to bankruptcy lawyers with blogs: Make sure to include a “Search” function somewhere on your blog.  It makes it easier to find topical posts on your blog and increases the likelihood that a post from your blog will be included in BLT.

GENERAL or NON-STATE SPECIFIC

A Clean Slate – the Bankruptcy Law Blog by Andy Winchell

• How I Learned To Stop Worrying And Love The Automatic Stay

American Bankruptcy Institute (ABI) Bankruptcy Blog Exchange

• Hey, That’s My Automatic Stay!
• New Massachusetts Bankruptcy Local Rules
• Creditors Leave Annoying Messages On Debtor’s Telephone Answering Machine
• Spookiest Bankruptcy Opinion of 2009
• All Hope May Not Be Lost For a Seller of Goods to an Insolvent Buyer
• Options for the Distressed Florida Homeowner
• It’s The Debtor’s Vehicle. Give It Back To Him!
• Trustees Can Take Hostages! – They’re Called “Exemptions”
• Counterclaims in Avoidance Actions? Are We Sure We Know Why Not?
• It’s Not Final Until It’s Over

Bankruptcy Case Blog – St John’s University Law School

• A Creditor May Recover Damages for Stay Violation
• Fraudulently Conveyed Assets Are Not Property of the Estate Until Recovered
• Discharge Injunction Requires School to Issue Transcript
• Sixth Circuit Affirms Bankruptcy Court’s Retroactive Conversion Order
• It’s Never Too Late to Deal with Unscheduled Assets
• Master Repurchase Agreement Penetrates the Automatic Stay
• Single Asset Real Estate: Tightening the Noose for Developers?

Bankruptcy Law Network

• Wells Fargo’s Procedure of Freezing Accounts After A Bankruptcy Filing Invalidated
• I’ve Been Sued–Is It Too Late To File Bankruptcy?
• How Not To Successfully Complete A Bankruptcy Case
• Why do I have to reaffirm my car loan?

***SEE MORE BLOG POSTS FROM BANKRUPTCY LAWYERS AROUND THE U.S.*** (more…)

"So I ran into Bill in the clerk's office in Boston recently..."

Friends of Bankruptcy Bill (FOBB) are experienced consumer bankruptcy lawyers willing to share their thoughts and answer bankruptcy questions on this site. Feel free to get in touch if interested in contributing as a FOBB.

Bill McLeod is a Boston-based bankruptcy attorney, representing creditors and debtors with over 15 years of experience. You can learn more about this and read more of his blog posts at www.mcleodlawoffices.com. Follow him on Twitter.  Find him on Facebook.

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When you discover that you are a creditor in a bankruptcy case…

Bill McLeod, Esq.

Recently, I was in the clerk’s office in Boston and overheard two people ask the clerk which forms needed to be filed in a bankruptcy case.  But this person was not a debtor – they were a creditor.  Their landlord had filed bankruptcy.  The former tenant was looking for their security deposit back, and was going to sue the debtor in small claims.  I couldn’t help myself – and I butted in.

“You need relief from the automatic stay.”

“The stay applies even to me?” one asked.

“It applies to everyone.”

After that short exchange, I thought I would put together a short checklist of things to do when your landlord – or someone else you know who also happens to owe you money – files a petition seeking bankruptcy protection.

• Don’t panic.

People have the right to seek bankruptcy protection.  Simply because they do does not mean that you’re not going to get paid.  On the other hand, simply because I am encouraging you not to panic should not be read to mean that you are going to get paid.  But still, don’t panic.  In my experience, panic can lead to actions that can get you into more trouble…such as violating the automatic stay…so with that said…

• Don’t violate the automatic stay.

The automatic stay applies to all creditors.  It does not matter if you’re a big bank or a friend or neighbor of the debtor, the same rules apply.  There are very limited exceptions to the automatic stay and you should not assume that you fall under one of those exceptions.

If you know that someone has filed bankruptcy, do not call the debtor and ask about payment.  Do not send them a letter.  Do not sue them – even in small claims court.   Don’t assume that just because you heard about it from a third party and did not receive any written notice does not mean that the automatic stay does not apply to you.  Stay violations can be costly.  Willful violations of the stay can be very costly.

Call an experienced bankruptcy attorney to determine what your next course of action should be (such as filing a motion for relief from the automatic stay).  And remember, the court clerk’s office cannot give you legal advice.

• Consult with an attorney.

At a very minimum, talk to a bankruptcy attorney.  Be prepared to explain the basis of your claim against the debtor and why (more…)

• Click here to tell the ABA Journal if you think the Bankruptcy Bill site (including the Bankruptcy Bill and BAPCPA Man cartoons, bankruptcy haiku and the “Bankruptcy Lover” song) should be included in the Top 100 law blogs:  http://www.abajournal.com/blawgs/blawg100_submit (Update:  There was a problem with the link but it should work now.)

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*Click here for previous BAPCPA Man cartoons, or here for all cartoons on the site relating to consumer bankruptcy.

For a more in depth explanation of the automatic stay, have a look at the Wikipedia entry.  Also see posts on the topics of automatic stay and debt collection by the following bankruptcy lawyers on their blogs:

Bruce Weiner (Rosenberg Musso & Weiner) – NYBankruptcyNet (Brooklyn, NY)

• Dealing with debt collector harassment in New York

Haines & Krieger (Las Vegas, NV)

• What can I do about debt collector harassment in Las Vegas?
• Creditors giving money to debtors? Punitive damages and the automatic stay

Craig D. Robins, Esq. – Long Island Bankruptcy Blog (Woodbury, NY)

• How Quick Will Creditors Stop Calling Me If I File Bankruptcy?
• What Are Your Rights If a Creditor Violates the Automatic Bankruptcy Stay?
• More posts on the topic of automatic stay and debt collection by Craig Robins.

Reed Allmand, Esq. (Allmand & Lee) – Reed’s Bankruptcy Attorney Blog (Dallas and Ft. Worth, TX)

• Despite the Debtor’s Mishaps Bankruptcy Court Grants Stay
• Can Bankruptcy Help Stop Repossession?

Click here for a state-by-state list of bankruptcy lawyers with blogs.

*To see more of Gideon Kendall’s work go to www.gideonkendall.com and gideonkendall.squarespace.com/journal.  Or order yourself a copy of Dino Pets, the wonderfully illustrated children’s book written by Lynn Plourde and illustrated by BAPCPA Man’s favorite illustrator, Gideon Kendall.