Training and Tenacity Pay Off for New York Boot Camper

Yesterday, New York Boot Camper Linda Tirelli told us about how she’d set up her bankruptcy litigation practice and implemented Max’s Bankruptcy Litigation Model (BLM) to score significant victories on behalf of  bankruptcy clients.  Today, we’re talking about the consumer bankruptcy case in which she was recently awarded more than $125,000 in fees. The Kercado case was one of those …

New York Boot Camper Linda Tirelli Raises the Bar

New York attorney Linda Tirelli is definitely a ranking officer in Max’s army.  Since she first attended Boot Camp in 2008, she’s been putting the BLM to very effective use, scoring some significant victories on behalf of bankruptcy clients. Recently, she scored a victory on behalf of consumer bankruptcy attorneys when she was awarded more than $125,000 in fees.  She …

What Congress Didn’t Learn from BAPCPA

As every consumer bankruptcy attorney knows, in 2005 Congress bowed down to ten years of pressure from the financial services industry and passed the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA).  Whether purchased or persuaded, lawmakers listened to the industry that was already in the process of creating one of the greatest financial crises in U.S. history and built …

The Doctrine of Immunity as Applied to Bankruptcy Trustees

In Kirk v. Hendon (In re Heinsohn), the bankruptcy court addressed state law claims of malicious prosecution and defamation that the trustee defendant had removed to the bankruptcy court. 231 B.R. 48, 50 (Bankr. E.D. Tenn. 1999). The bankruptcy court reviewed the plaintiff’s motion for remand or abstention and the defendant trustee’s motion to dismiss. It granted the trustee’s motion …

8th Circuit BAP Okays “Chapter 20” Lien Stripping on Unsecured Homestead 2nd Mortgage

Boot Camper Craig Andresen posted a big victory today when the 8th Circuit Bankruptcy Appeals Panel ruled that a wholly unsecured second mortgage on homestead property could be stripped in Chapter 13 bankruptcy, even if the debtor didn’t qualify for discharge because of a previous Chapter 7 bankruptcy. This is an important ruling for bankruptcy attorneys and their clients in …

Bankruptcy Mortgage Project

If you’re not already aware of it, the Bankruptcy Mortgage Project is a great resource for consumer bankruptcy attorneys.  The site offers court opinions, local rules, local forms and more. In addition to breaking down cases, rules and forms by state, the site segments them out into categories like Loss Mitigation and Mediation, Cure Plan Requirements, Stay Relief Requirements, Lien …

DOJ Steps Back on Joint Filings by Same-Sex Married Couples

In June, a California bankruptcy court declared the Defense of Marriage Act unconstitutional as it applied to a same-sex couple who had filed a joint bankruptcy petition.  The case was unusual in that 20 bankruptcy judges signed the order rather than just the judge hearing the case. Now, true to the statement from the Obama administration in February of this …

California Bankruptcy Court Declares DOMA Unconstitutional

The 1996 Defense of Marriage Act mandates non-recognition of same sex marriage by the federal government. While that raises issues in a variety of contexts, the issue arises again and again in the bankruptcy courts, and bankruptcy attorneys routinely question how to treat married same-sex couples in bankruptcy.  Though they are legally married, DOMA says that the bankruptcy court can’t …