Social media and internet dating sites have given rise to romance and confidence schemes. Catfishing and spear phishing are extensively used. Catfishing is faking an identity on the internet. Spear phishing uses more sophisticated and direct messages to trick the victim. New AI programs make it easier to reach and victimize the targets. The fraudsters prey upon the elderly, widowed or divorced men and women. Online profiles are manipulated to […]
What duty does a non-bankruptcy attorney have to determine whether a client or a potential client is or has been a debtor in a bankruptcy case? The wrong answer to that question may prove disastrous to successful pursuit of claims on behalf of the client and threatens counsel with professional and financial exposure. A debtor’s failure to disclose causes of action in a bankruptcy case has ramifications for the debtor, […]
Is it a death knell for cases beyond 60 months? Under the CARES Act 11 USC Sec. 1329 was amended to include a temporary provision that permitted confirmed chapter 13 plans to extend the plan term to up to 84 months. To do so, debtors were required to show they were affected by COVID, Sec. 1329(d). [i] The maximum term under 11 USC Sec. 1329(c ) has always been 60 […]
An attorney meets with a potential client about a recent auto accident personal injury claim. The client suffered severe injuries and may be entitled to a large award. The client fails to mention that he is a debtor in an active bankruptcy. The client also has failed to advise his bankruptcy attorney about the personal injury claim. The debtor/client does not realize the importance of disclosure of the claim. The […]
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Purdue Pharma and Chapter 13 Codebtor Stays
By Michael B. Joseph (Printed with permission, NACTT Academy, Considerchapter13.org, July 28, 2024) Could it be that chapter 13 got it right? How does the recent United States Supreme Court holding in Harrington v Purdue Pharma impact chapter 13 cases? See Harrington v. Purdue Pharma L.P., 219 L. Ed. 2d 721 (Sup. Ct. June 27, 2024). The Court held the bankruptcy code does not authorize a release and injunction as […]