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I have trained more than 350 attorneys at my bankruptcy boot camps, and to my surprise less than 10 percent know what I mean when I refer to a “QWR.” This is shocking in that a reasonable QWR can provide the attorney for the chapter 13 debtor with some of the very best discovery outside of a contested case or adversary proceeding.

Due to the recent downturn in the real estate market, chapter 13 debtors are fabricating new tools to surrender their real estate.

Section 704(a) of the Bankruptcy Code enumerates the essential duties of a bankruptcy trustee in a chapter 7 case, requiring that the trustee “collect and reduce to money the property of the estate for which such trustee serves.” The courts have occasionally been asked to interpret whether this provision gives a governmental dimension to the functions of the trustee, and as a result, whether constitutional restrictions apply to the trustee.

The U.S.

In In re Lane,( George Lane, et. Al v. Western Interstate Bancorp), 280 F.3d 663 (6th Cir. 2002), the Sixth Circuit Court of Appeals, following the direction of the U.S. Supreme Court’s decision in Nobleman v. American Savings Bank, 508 U.S. 324, 113 S.Ct.

The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) added a new provision regarding personal property leases, §365(p), which provides:

Members of the committee The second part of the 2009 Atlanta Consumer Bankruptcy Skills Training was held on June 4 at the State Bar of Georgia headquarters in Atlanta.  The ABI collaborated with the Bankruptcy Section of the Atlanta Bar Association and the Metro-Atlanta Consumer Bankruptcy Attorneys Group to present the program.  This

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The U.S. Bankruptcy Court for the District of Idaho recently sustained a chapter 7 trustee's objection to a creditor's motion for relief from the automatic stay pursuant to 11 U.S.C.