October 17, 2007

• Unfiled Tax Returns - No Matter What the Reason - Create Havoc in Chapter 13 Cases

  In Chapter 13 cases filed in the Northern District of Georgia, both the IRS and the Georgia Department of Revenue receive notice of your filing.  In my office, I include both the IRS and Georgia as "notice creditors" in every case filed. (…)

September 6, 2007

• Unfiled Tax Returns and Chapter 13

  Recently I have had problems with several of my Chapter 13 cases where the Chapter 13 trustee has objected to confirmation on the grounds that the debtor (my client) has one or more years of unfiled tax returns. (…)

August 22, 2007

• Five Years is a Long Time for Rice and Beans

  The October, 2005 changes to the Bankruptcy Law have forced many debtors into five year Chapter 13 plans. (…)

August 9, 2007

• Chapter 13 Case Requires Documentation for Claimed Expenses

  In recent months, I have noticed that the Chapter 13 trustees in the Northern District of Georgia are requiring back-up documentation on many expense items set out in a debtor's budget.  I am now telling my clients to save receipts for the following expense categories:

  food charitable contributions non-reimbursed medical expenses gasoline and automobile related expenses child care after school program costs child education related expenses

  The best evidence to prove that you actually spend what is set out in your budget are payment receipts of vendor invoices.  If those are not available, I have had some success using a debtor's affidavit swearing that you actually spend what you say you do. (…)

April 4, 2007

• What Are My Rights if I Loan Money to a Friend and the Friend Files Bankruptcy?

  If I loaned money to a friend who committed bank fraud (I had to wire the money within minutes of having received the call from the friend directly to the Bank's fraud recovery department) and that friend subsequently files Chapter 13, is it safe to assume that I have no recourse but to wait in line with other unsecured creditors? (…)

December 1, 2006

• Chapter 13 Case Dismissed Because of Funding Problem

  Yesterday, one of my Chapter 13 cases was dismissed at the confirmation hearing for one reason and one reason only. I had cured all of the trustee's objections and the case was viable. (…)

October 19, 2006

• Are Debtors Stuck With their Form B22 Means Test Budget?

  Here is an issue about Chapter 13 calculations.  I don't have the answer so I would appreciate any opinions, especially from any Chapter 13 trustee attorney who reads this blog. (…)

October 9, 2006

• Most Common Objections in Chapter 13 Cases - objection 4 - no proof of tax escrow

  This is the fourth installment of a series discussing the most common objections filed by Chapter 13 trustees in Chapter 13 cases.  Thanks to Susan Gantt, a contract lawyer who handles Chapter 13 341 hearings for various Atlanta area lawyers on a contract basis. (…)

October 8, 2006

• Most Common Objections in Chapter 13 Cases - objection 3 - no affidavit confirming family financial support

  My colleague, Susan Gantt, works as a contract attorney who handles Meeting of Creditor hearings for several Atlanta area bankruptcy lawyers.  Because she attends 341 hearings all day long and associates with several law firms, she can offer all of us a valuable perspective about the practical issues that arise in Chapter 13 cases. (…)

October 2, 2006

• Most Common Objections in Chapter 13 Cases - objection 2 - no proof of post-petition mortgage payment

  As all Chapter 13 debtor attorneys know, trustee objections in Chapter 13 cases are much more common and much more extensive.  Recently, I sat down with Susan Gantt, a contract attorney who appears at Section 341 creditor meetings on behalf of several law firms in the Atlanta area. (…)

September 29, 2006

• Most Common Trustee Objections in Chapter 13 Cases - objection 1 - no payroll deduction

  What are the most common trustee objections in Chapter 13 cases?  Who better to tell us than Susan Gantt.  Susan serves the consumer bankruptcy bar in Atlanta by attending 341 hearings on a contract basis for a number of debtors' lawyers.  She attends 10 to 20 341 hearings a day, every day and has done so for several years. (…)