In all bulk legal practices, there is a concept of a case that is “off the wheel”: a case that cannot be processed through the system in an orderly, cost-effective and efficient manner along with the hundreds of similar cases. Anyone having a bulk practice will tell you that an off-the-wheel case necessarily draws attention to itself; it requires greater overview and inquiry.

The administration of bankruptcy cases by every panel trustee and every standing trustee is a bulk practice. Smart debtors’ attorneys know that most of the time, the best result for a debtor is to do everything possible to keep the case on the wheel and inconspicuous. As a debtor’s attorney, one of the easiest steps you can take toward achieving this goal is to file complete initial documents when you file the bankruptcy case and get the trustee all the documents that trustee requires, at the time that the trustee requires them. Do not make the trustee chase you for paperwork.

Creditors may attack a debtor’s discharge in two ways: by objecting to the debtor’s discharge in toto, or by objecting to the dischargeability of a particular debt. Both require an adversary complaint. An objecting party must file a § 727 or 523 complaint within 60 days after the first date set for the § 341 meeting. Upon the motion of a party in interest before the deadline, the court may extend the deadline for cause.

What happens when a party fails to file an extension motion, and later files a § 523 or 727 complaint? Parties in this position concocted a solution: Argue that they can utilize another party’s timely filed extension motion for their own complaint. This workaround is called “piggybacking.” Courts differ on their acceptance of piggybacking and on what factors matter. Below are practical tips to both to defeat and embrace piggybacking.