BankruptcyBill.us

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 is an attorney licensed in Wisconsin and New York.  He speaks Japanese and focuses on comparative and international law, as well as international business.

• 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.

(In reverse order!)

GENERAL

American Bankruptcy Institute (ABI) Bankruptcy Blog Exchange

• Shortcomings of Credit CARD Act
• New Consumer Credit Card Rules Take Effect
• Eighty Percent Interest on a Credit Card
• ¡MORE!

Bankruptcy Law Network

• How Will The New Credit Card Laws Affect Me?
• Will New Credit Card Rules Cause a Spike in Bankruptcy?

CreditSlips.org

• Reflections on Credit CARD Act Day

Consumer Law & Policy Blog

• New Credit Card Law Effective Tomorrow (Monday, February 22)

WISCONSIN

Jamie Miller, Esq. (Miller & Miller, LLC) – Milwaukee Bankruptcy Attorney Blog (Milwaukee, WI)

• Soon You Will Really Know What It Really Takes to Pay Off Your Credit Card Debt

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

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Bankruptcy Billables is an overview of bankruptcy-relevant coverage and discussion from various law-related blogs.

Holding a J.D. and an International Affairs M.A. from Marquette University, Matt Leichter is an attorney licensed in Wisconsin and New York.  He speaks Japanese and focuses on comparative and international law, as well as international business.

Law Shucks

• CEO Blames Lawyers for Company’s Bankruptcy

WSJ Bankruptcy Beat

• Maine Sends Hamstrung Negotiator to FairPoint Talks
• The Daily Docket: Air America Signs Off
• If at First You Don’t Succeed, Open Your Wallet
• Tribune Gets Bonus Jitters as Payday Nears
• The Daily Docket: Bankruptcy for MGM?
• Ex-Football Star Facing Bankruptcy, Foreclosure
• The Daily Docket: W.R. Grace Seeks New Loan
• Bankruptcy Gets Starring Role on Bravo
• The Daily Docket: JAL Launches Restructuring
• Hecker Accused of Concealing Assets from Bankruptcy Court

Creditslips.org

• There May Be More Financially Distressed Small Business Owners Than You Think
• On Break Up Fees
• How Many Bankruptcy Appeals?
• Chapter 11 Costs — Help?
• Life Imitates Art (or at Least My Final Exam)
• Usury and Securitization
• A Special Bankruptcy Court
• Visa Does Not Issue Cards or Extend Credit.

Going Concern

• Who Wants to Buy Nic Cage’s Haunted House?

Above The Law

• Morning Docket: 01.14.10
• Bankruptcy Judge to the Rescue of Poor Old Lady/Law School Grad
• Job of the Week: Bankruptcy Baller

Did we miss a good recent bankruptcy-related post on another blog?  E-mail bill [at] bankruptcybill [dot] us to let us know.

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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.

In recent months, I’ve been hearing from and speaking with attorneys young and old who express a desire to practice consumer bankruptcy law. Only some express a desire to enter into a practice area that is evolving, intellectually fascinating, and in this economy extraordinarily relevant. Virtually (but not) all express their belief that this is one practice area that is expected to grow in the coming years. Some mention that as the only motivation to consider it. I guess they have mortgage payments too.

If you’re considering changing practice areas, adding practice areas, or entering the consumer bankruptcy arena as a newly minted attorney fresh off the bar exam lawyer, here’s my…

Top Ten Things You Need to Know Before You Become a Bankruptcy Lawyer

1. Own a copy of the bankruptcy code. If you do not have a copy of the bankruptcy code and you’re already practicing (or perhaps better said, think you’re practicing) bankruptcy law, you’re already doing a bad job. Actually, you’re flirting with a malpractice claim. I have two: one at the office, and one which is always in my brief case, and my brief case is almost always with me (except when I leave it home). In addition to owning it, you should read it.

2. Never forget the basics. Attorneys have rules. You cannot lie, nor can you help a client lie. You cannot steal, nor may you help a client steal. You cannot violate your oath. There is no “winking” in bankruptcy. (more…)

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 is an attorney licensed in Wisconsin and New York (he’s celebrating Day 2 of his New York license by providing you with more BLT).  He speaks Japanese and focuses on comparative and international law, as well as international business.

• 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.

(We begin from the middle!…)

GENERAL

CreditSlips.org

• The Other Underwater Loans: Negative Equity in Auto Finance
• Calling All Article 9 Supernerds—Negative Equity and State Law

Consumer Law & Policy Blog

• Car Sales Plummet after Cash-for-Clunkers Program Ends

National Association of Consumer Bankruptcy Attorneys (NACBA)

• Eighth Circuit Allows Debtor to Claim Vehicle-Ownership Expense for Wholly-Owned Vehicle

NEVADA

Haines & Krieger (Las Vegas, NV)

• Five Warning Signs That You Are Headed for Bankruptcy
• Bankruptcy Myths

Black & LoBello Law Blog (Las Vegas, NV)

• Bankruptcy FAQ

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

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 is an attorney licensed in Wisconsin and very soon in New York (January 13, 2010!).  He speaks Japanese and focuses on comparative and international law, as well as international business.

• 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

Bankruptcy Case Blog – St John’s University Law School

• Means Test Does Not Apply to Individual Chapter 11 Cases

Bankruptcy Law Network

• What is “Median family income” and why do I care? One of a series
• Should My Schedule I Income Always Match my Means Test Income Numbers?

ALABAMA

Collins & Hancock – Alabama Bankruptcy Blog (Cullman, AL)

• Do I Qualify to File a Chapter 7 Bankruptcy in Alabama under the “New” Bankruptcy Laws?

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

Now you can get your very own CUSTOMIZED e-Book of BAPCPA Man cartoons!

• Book specs:  20 pages–PDF–11″ width x 8.5″ height; 15 BAPCPA Man cartoons + cover and back page image.
• Each book customized to include your name/firm name + contact information.
• Option to include bio(s), photograph(s) and other graphics.
• Print out as many copies as you want for your clients, yourself or anyone else, and/or…
• Put them on a CD to give to clients, and/or…
• Include a link on your website for a downloadable PDF copy, and/or…
• Use them as slides in a presentation, and/or…
• Come up with other creative uses to impress your clients and friends!  (See Terms & Limits of use below.)

How it works:

1. Send e-mail to bill [/at/] bankruptcybill [/dot/] us to place your order.
2. Include relevant information in your email (e.g., your name or law firm name, contact info, headshot or link to headshot, etc.)
3. Make payment to us via PayPal (by clicking here).  (Or e-mail us for a snail mail address to send a check.)
4. After receiving payment, we will e-mail you your customized copy of the BAPCPA Man e-Book Vol. 1.

Read on to see some sample pages and for pricing information, customization options and more… (more…)

Note:  This site is best viewed using a Mozilla Firefox or Safari browser.  If you are viewing this site using Internet Explorer, you may not be able to view items in the sidebar.  Clicking on any page or post will cause sidebar items to appear.

Like this cartoon?  Want a customized version for your blog or to use as a greeting card?  We’ll be doing a Christmas/Chanukah holiday cartoon as well.  So get in touch now to place your order if you’d like a customized holiday cartoon image to share with your clients.

E-mail: bill  @  bankruptcybill  .  us

(We’re just getting started with all the creative potential and possibilities.  So stay tuned for more or feel free to contact us to discuss your own ideas.)

In the meanwhile, have a look below at the customized Thanksgiving cartoons we did for the bankruptcy law firms of Haines & Krieger (Las Vegas, NV) and Allmand & Lee (Dallas, TX).

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Get your BAPCPA Man and Mortgantua T-shirts, Mugs, Cards and More!

*To see more of Gideon Kendall’s work go to www.gideonkendall.com or http://gideonkendall.com/blog.  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.

Howdy all you Bankruptcy Bill fans out there!  I’ve been in Austin, TX attending the 28th Annual Jay Westbrook Bankruptcy Conference presented by the University of Texas Law School at the Four Seasons Hotel, and I thought it’d be nice to share a little of what it’s like down here.

Note:  This site is best viewed using a Mozilla Firefox or Safari browser.  If you are viewing this site using Internet Explorer, you may not be able to view items in the sidebar.  Clicking on any page or post will cause sidebar items to appear.

FYI, this cartoon also appears in the Fall 2009 issue of the newsletter for the Bankruptcy Section of the State Bar of Texas along with a nice profile about the Bankruptcy Bill cartoons written by Eric Van Horn, a bankruptcy lawyer with Dallas firm Rochelle McCullough LLP and the writer of the Chapter 8 humor columns in the ABI Journal.  Also, thanks to Judge Alan S. Trust of the Eastern District of New York for his article in the Summer 2009 issue of the Bankruptcy Section newsletter (”Robes Without Stripes”) which provided helpful cultural background for the cartoon.

Highlights of the conference included:

1. Learning that both Professor Jay Westbrook and Judge Keith Lundin both have extensive collection of bankruptcy-related cartoons, and that both Texas and Tennesse have had bands comprised of musical bankruptcy judges who like to write and play bankruptcy-related songs.
2. Judge Lundin’s monogrammed bowling shirt with “High on BAPCPA” on the back.
3. A spirited discussion between Hugh Ray (McKool Smith) and Bruce Grohsgal (Pachulski Stang Ziehl & Jones) on the topic of “Who’s Really in Charge Here?  Reorganizations in the Shadow of Chrysler and GM.”
4. Learning that Byrnie Bass’ son Brett is a professional bass player and that he not only has played with Enrique Iglesias but currently plays in a band with former Spin Doctors lead singer–and my high school classmate–Chris Barron.  (Here’s an article about Brett from Lubbockonline.com.)
5. Cartoon brainstorming with Andrew Eckerman (Conway Mackenzie, Inc.), Melissa Hayward (Franklin Skierski Lovall Hayward), Jesse Moore (Hunton & Williams), Ian Roberts (Baker Botts), Tim Million (Munsch Hardt Kopf & Harr) and Eric Van Horn (Rochelle McCullough).
6. Jogging around the lake and arriving at the Congress Avenue Bridge just in time to see the largest urban bat colony pour out for its evening activities.
7. Hearing Evelyn Biery (Fulbright & Jaworski) recount her role as Anna Nicole Smith for a previous bankruptcy conference musical send-up.
8. An in depth discussion of organic farming with Joe Martinec and Weldon Ponder.
9. The Third Annual Westbrook Bankruptcy Conference Cocktail Reception at Austin hotspot Lanai, hosted by the Young Lawyers Committee of the Bankruptcy Section of the State Bar of Texas.  (Thanks to Jay Ong (Munsch Hardt Kopf & Harr), Layla Milligan (Staff attorney for Chapter 13 Trustee) and Eric Van Horn (Rochelle McCullough) for organizing!)
   

   "Ain't that Texas cookin' good!"

10. Obtaining valuable advice from Brian Abramson (Diamond McCarthy) on the topic of sleep training for infants.
11. Barbecue from Stubbs, Iron Works and (at the airport) Salt Lick.  (Thanks to Guy Clark for the inspiration!)
12. Keeping Austin Weird.
13. Having a chance to meet so many wonderful folks on my first-ever visit to the Great State of Texas.  The conference had an extremely friendly and collegial atmosphere, and everyone from associates to partners to judges were accessible and enjoyable to meet.

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Get your BAPCPA Man and Mortgantua T-shirts, Mugs, Cards and More!

*To see more of Gideon Kendall’s work go to www.gideonkendall.com.  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.

"So I says to Greg..."

Gregory A. Holbus, Esq. is a Green Bay, Wisconsin-based bankruptcy attorney licensed to practice in both Wisconsin and Michigan. To learn more about Greg, you can visit his website (www.holbuslaw.com) or his blog (wisconsinbankruptcy.blogspot.com).

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Greg Holbus, Esq.

U.S. Supreme Court to decide Means Test Issue, In re:  Lanning

Before I get to the heart of the story, allow me to give you a quick refresher about the Means Test and what it means for a bankruptcy petitioner.

To grossly over-simplify the Means Test, it is basically Congress’ attempt to create a mathematical formula to objectively determine how much money, if any, a debtor can afford to pay to creditors holding unsecured claims. It (Form B22) determines whether you qualify for a Chapter 7, in which all of your unsecured creditors are discharged. And if you don’t qualify for Chapter 7, the same form determines how much income is available to those creditors.

A number of statutory deficiencies exist which have given rise to disputes and some bizarre interpretations to several aspects of the Means Test, often resulting in gross inequities. One example is whether a Chapter 13 debtor can take deductions on the Means Test for payments on a secured debt which the debtor intends to surrender because the payments are contractually due at the time of filing. In re: Dionne, in the Eastern District of Wisconsin says they can. I feel awkward writing about that decision because for one thing – this decision is favorable to debtors, and I am a debtors’ counsel. Also, I have nothing but respect for the judge who rendered the decision.

But I respectfully disagree that a debtor should be allowed to deduct payments on a loan that the debtor knows full well they will not pay again in the future.  Fortunately for me, (more…)

Just a quick FYI to let readers know that I’ve joined the National Association of Consumer Bankruptcy Attorneys (NACBA).

I’m glad to be a member and look forward to learning the secret handshake if one exists.  If it does, it would be great if someone out there could email me the protocol.  Or perhaps send me a YouTube video so I can observe and practice?  (I promise not to have it illustrated in a cartoon.)

Secret handshake or not, I look forward to meeting and connecting with fellow NACBA members.

Here’s an interesting post by Jayne Navarre, managing director of lawgravity.com, (re-posted with permission).  Jayne consults on Internet marketing and communications for law firms. She coaches lawyers and marketers on the nuances necessary to succeed in social media, social networking and search optimization on the Web.  She blogs at www.virtualmarketingofficer.com and can be reached at jln@lawgravity.com.

I just dropped an idea bomb over on the Legal Marketing Association’s peer-to-peer social network, LMA Connect; it’s a members only community so I can’t post the link. However, it’s so big –at least in my mind– that I thought I’d share it with my blog readers with a caveat “you heard it here, first.”

I think law firm web sites should host banner and skyscraper ads for their clients. For free, of course.

It may help if I set up the story.

(Click here to read the rest of the post on Jayne’s blog.)

Note:  If you are viewing this site using Internet Explorer, you may not be able to view items in the sidebar.  Clicking on any page or post will cause sidebar items to appear.

(Click image to see earlier sketch version of cartoon.)

*Correction:  The cartoon previously referred incorrectly to a “Chapter 7 repayment plan.”  Apologies for the confusion.

Below are some helpful posts from bankruptcy lawyer blogs on the topics of unemployment, median income and the means test.  Go to the BK Lawyer Blogs page on this site to see a full state-by-state list of bankruptcy lawyer blogs.  (And get in touch if you have a blog and don’t see it listed.)

*Also, for anyone trying to figure out their median income, Best Case has a free on-line median income calculator for any state.

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

• The Means Test and the Unemployment Trap

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

• The Means Test is Often the Key to a Successful Chapter 7 Bankruptcy Case
• Long Island Economy: Jobs Down; Unemployment Up; Bankruptcy Up

Haines & Krieger (Las Vegas, NV)

• The “Means Test” and the Median Income for Nevada

Jonathan Ginsberg, Esq. – theBKLaw (Atlanta, GA)

• Chapter 7 and Middle Class Debtors
• How are Year End Bonuses Treated in a Median Income Test Calculation?

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

• Facing a Job Loss? Don’t Panic!
• Do You Have the Means to File Chapter 7?

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

*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.

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Bankruptcy Billables is an overview of bankruptcy-relevant coverage and discussion from various law-related blogs.

Law Shucks

• links for 2009-08-22 – Mentions Bankruptcy Bill #19 – Law firm raids)
• This Week in Layoffs – 8/21/09
• Reading List for Deal Lawyers – Includes excellent summary of Eat What You Kill by Milt Regan.  (Eat What You Kill is also one of the books in Bankruptcy Bill’s Summer Reading List.)

Point of Law

• Will Number 25 Be The Charm? – S. Todd Brown reviews and analyzes the latest developments in the seemingly endless Congoleum asbestos bankruptcy case.

WSJ Bankruptcy Beat

• Can You Pay My Bills?
• Coyotes Hometown Seeks to Block Gretzky Claim
• Recession Scares Morbid Industries Into Liquidation
• Forget Speidi; Meet Markus and Indrani
• Where’s Schwarzenegger When You Need Him?
• Lucky Dog: Dykstra Values Pooch at $10,000

Creditslips.org

Going Concern

• Preliminary Analytics | 08.26.09 – Madoff & JP Morgan; Colonial Bank-ruptcy; U.S. Postal Service job cuts

Above The Law

• All the News That’s Fit to Recycle (NYT reports: ‘Legal job market is hard!’)
• How to Avoid Getting Fired (very funny video)
• Fall Recruiting Open Thread: Vault 6-10 (2010)
• The Mainstream Media Is Aware That Law Firms Exist, Right? – Commentary on the lack of media attention for the role that law firms played in enabling the global financial crisis.

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

• Click on BK Lawyer Blogs for a state-by-state list of bankruptcy lawyers with their own blogs.
• Have a blog post you think should be included? Or a suggestion for a future BLT theme?  Send an e-mail to bill [at] bankruptcybill [dot] us.
• 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.
  

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TRUSTEE

ARKANSAS

Bankruptcy Savant – Arkansas Bankruptcy News and Info

• New Chapter 13 Trustees

CALIFORNIA

Hale Antico, Esq. – Los Angeles Bankruptcy Blog (Los Angeles, CA)

• Bankruptcy trustee with odd asset
• US Trustee’s Office median income – latest table
• US Trustee: Watchdog or Attack Dog?

Sagaria Law, PC – California Bankruptcy Lawyer Blog (San Jose, Freemon, Monterrey, Redwood City, Salinas, Sacramento, CA)

• Redwood City Bankruptcy Attorney Talks About the Different Trustees

COLORADO

James J. Pacifico, Esq. – Denver Colorado Bankruptcy Blog (Denver, CO)

• The United States Trustees’ 707(b) Declination

FLORIDA

Jordan E. Bublick, Esq. – South Florida Bankruptcy Law Blog (Miami, FL)

• Another Court Holds that Trustee Does Not Have the Ability to Administer Exempt Property for DSO Creditors
• Trustee Does Not Have the Ability to Administer Exempt Property for DSO Creditors

GEORGIA

Jonathan Ginsberg, Esq. – theBKLaw (Atlanta, GA)

• Will the Trustee Seize 100% of a Tax Refund if Only One Spouse Files Bankruptcy?
• Why Tax Refunds Payable to the Chapter 13 Trustee Will Do Little to Decrease Your Plan Balance
• Most Common Trustee Objections in Chapter 13 Cases – objection 1 – no payroll deduction
• You are Responsible for Your Chapter 13 Trustee Payments
• Trustees May Seize Exempt Property to Pay Domestic Support Obligation Debts
• New “debtor questionaire” form being used by trustees in Chapter 13 341 hearings

**  More posts about trustees after the jump ** (more…)

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*Update: In bankruptcy news today,  Michael Foreman has joined Haynes & Boones‘ New York office.  He was previously at Dorsey & Whitney.

*If you like what you see and want to support us, you can do it via sponsorship/advertising/syndication/other as well as by simply making a donation in any amount via PayPal.

*Click here to see all of the Bankruptcy Bill cartoons and here to see cartoons related to “law firms.”

*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.

p.s.  Regarding copyright issues, our legal counsel, IP Aileen, says:  “Other bloggers/websites/publications:  You are more than welcome to post Strip #19 – Law Firm Raids on your sites as long as you also include all of the text, links and images in this post, including this paragraph.  If you fail to respect our wishes, we’ll send you back to Kirkland’s restructuring group (Chicago office).”