Celebrating 10 years! 2007-2017

Anyone have a good primer on bankruptcy practice? (ch. 7 and 13)

I've gotten some good info online but maybe someone here has nycop01/04/19
I agree with somefed. you need to read norton or collier es nycatt01/05/19
https://store.lexisnexis.com/produc ts/collier-bankruptcy-pra somefed01/05/19
Best way to learn any new practice area is to do it. 1. G isthisit01/05/19
As is the case in a lot of areas, taxation in bankruptcy can larrywilliams01/05/19
I also have a four volume, loose-leaf reference for bankrupt larrywilliams01/05/19
American Jurisprudence blawprof01/06/19
nycop (Jan 4, 2019 - 9:40 pm)

I've gotten some good info online but maybe someone here has a comprehensive practice guide.

Thanks!

Reply
nycatt (Jan 5, 2019 - 1:35 pm)

I agree with somefed. you need to read norton or collier essentially cover to cover on the in the areas you need. You can probably read it for free at a law school or law library if you dont otherwise have access to lexis or westlaw. I read Norton (the Wetlaw book) myself, and it was not fun. Lord was it not fun. But if you don't do it, boy could you f*ck something up and/or look incredibly stupid.

But if you want to do it from the creditor side or the debtor side, the chapters you will need to read are quite different. If you rep a creditor that is landlord, you need to really get into those areas. That is s the stuff I had to learn - it has its own quirks.

Reply
somefed (Jan 5, 2019 - 7:28 am)

https://store.lexisnexis.com/products/collier-bankruptcy-practice-guide-skuSKU00200/details

Reply
isthisit (Jan 5, 2019 - 9:26 am)

Best way to learn any new practice area is to do it.

1. Google "bankruptcy practice primer" and read everything you find.

2. Find a BK firm or solo and come to a fee split agreement. You handle some overflow BK and they provide guidance. Same deal if you bring in a BK case but the split skews towards you.

3. Rinse and repeat until you feel capable without the safety net.

Reply
larrywilliams (Jan 5, 2019 - 10:50 am)

As is the case in a lot of areas, taxation in bankruptcy can be a mine field. A standard reference is Grant W. Newton & Robert Liquerman, Bankruptcy & Insolvency Taxation; John Wiley & Sons, Inc. (3d ed. 2005). If you're interested, consider checking to see whether there is a more recent edition.

For a general overview of Federal taxation in bankruptcy, see Publication 908, Bankruptcy Tax Guide, Internal Revenue Service, U.S. Dep’t of the Treasury (rev. Oct. 2012). Take it with a grain of salt; there are some errors in this publication, generally minor ones.

Taxation in bankruptcy is arguably an area where practitioners commit a considerable amount of malpractice. Fortunately, relatively little of the malpractice is detected -- in part due to the fact that the taxing authorities are often asleep at the wheel.

Reply
larrywilliams (Jan 5, 2019 - 11:17 am)

I also have a four volume, loose-leaf reference for bankruptcy:

Judith K. Fitzgerald, Arthur J. Gonzalez & Mary F. Walrath, "Rutter Group Practice Guide: Bankruptcy" (Thomson Reuters) (updated once per year).

All the authors are present or former Federal bankruptcy judges. (For example, Gonzalez presided over the Enron bankruptcy years ago, in the Southern District of New York.)

This practice guide was derived from a separate bankruptcy guide just for California that I believe is still published by Rutter. If you're in California, you might want that one instead.

EDIT: To clarify, the Rutter/Thomson Reuters guide is a general bankruptcy guide -- not just tax aspects of bankruptcy.

Reply
blawprof (Jan 6, 2019 - 9:50 am)

American Jurisprudence

Reply
Post a message in this thread