Trouble shared is trouble halved. Brainy Quotes attributes that bit of wisdom to writer Dorothy Sayers. (Also to Lee Iacocca; take your pick). One of the things that keeps me troubled at night is the preclusive effect of a filed proof of claim. So, I’ll share my worries, and you can worry too. Filed claims deemed […]
How Lien Stripping Differs From Lien Avoidance
The draft of a lien avoidance motion my paralegal presented me was garbled. Lien stripping concepts sat next to a cite to §522. I doubt my staff is alone in missing the critical differences between lien stripping under (or despite) §1322 and lien avoidance pursuant to §522(f). So let’s try some compare and contrast on […]
Use All Channels to Educate Bankruptcy Debtors
The skill set of a consumer bankruptcy lawyer must include a healthy dose of the skills of a teacher. The client has to master any number of legal issues and procedures to make informed decisions about the case. An effective lawyer has a plan for how to convey all those things the debtors need to […]
The Change We Need In Consumer Bankruptcy Practice
The American Bankruptcy Institute under the leadership of retired Judge Eugene Wedoff is gathering input for a review of changes needed in consumer bankruptcy law. I was privileged to offer my thoughts at NACBA’s 25th annual convention in May. Good Morning, I’m Cathy Moran. I’ve practiced bankruptcy law in the Silicon Valley, in California’s Northern […]
Hammered By Rule 3002.1
To my mind, Rule 3002.1 is the most powerful, most under-utilized tool in our tool box. And its power is coming to the fore as Chapter 13’s filed during the Great Recession wind to a close. Don’t let your home-owning client leave Chapter 13 without a determination that they are current. Or, if they are […]
Corporate Bankruptcy: So We Can Start Over
Thou shalt not file bankruptcy for a corporation. It’s almost a commandment from on high in my practice. But for every rule, there is an exception and the man sitting in front of me called on the exception. He wanted, (or really “needed”) to stay in the same line of construction work. But business was […]
Bubble, Bubble, Toil and Trouble
I find I’m back at the Bankruptcy Mastery keyboard. Several years ago I thought I had said all there was to say here to new bankruptcy lawyers. But stuff just keeps bubbling to the forefront and my fingers itch. It seems there’s more to say, perhaps not exclusively to newbies, but to the broader community […]
