When Congress passed the Coronavirus Aid, Relief, and Economic Security (CARES) Act on March 28, 2020, nearly everyone had questions about what the act contained. For bankruptcy professionals, there were two primary questions: Would the money be counted in calculating a debtor’s income? Would the money be part of the bankruptcy estate and subject to […]
“I’M IN CHAPTER 13 BANKRUPTCY. WHAT HAPPENS TO MY TAX REFUND?”
The rules affecting what happens to Chapter 13 debtor’s tax refunds while they are in bankruptcy differ depending on where the case is filed. These rules are generally set out in the local rules of the court or a general order. In the Eastern District of Texas, the Chapter 13 Trustee will allow a debtor […]
AUTOMATIC STAY APPLIES TO DALLAS BANKRUPTCY ATTORNEYS TOO
When I meet with a client, usually one of the first topics they want to discuss is how much is bankruptcy going to cost them and how are they going to pay their attorney’s fees. Understandably this is a concern, because if money wasn’t tight they wouldn’t be seeking the help of a bankruptcy attorney. […]
BANKRUPTCY: EXEMPTION FROM THE CREDIT COUNSELING REQUIREMENT
Debtors wishing to file bankruptcy are required to successfully complete a credit counseling course during the 180 days prior to filing bankruptcy. However, debtors that can show that they are incapacitated due to mental or physical disability may be exempt from this requirement. Under Sec. 109(h)(4) of the Bankruptcy Code, a debtor may be excused […]
BANKRUPTCY: VICARIOUS LIABILITY DOES NOT APPLY TO § 523(a)(9)
As a bankruptcy attorney I have focused my practice on a specific type of legal practice. I don’t know much about drafting a will, litigating a lawsuit, or defending a criminal action, but I know a lot about consumer bankruptcy. Similarly, in my experience I have found that attorneys practicing other types of law know […]