What New Bankruptcy Lawyers Need To Know: Beyond The Code

Secrets To Home Loans For Chapter 13 Debtors

By Bob Schuman Filed Under: Bankruptcy Practice

Every bankruptcy debtor yearns to rebuild their credit. Whatever drove them to bankruptcy did no favors to their creditworthiness. The need for a new loan can be imperative to a homeowner in Chapter 13 who needs a better interest rate, a recomputed loan term, or just needs out of Chapter 13 with a discharge. Here's what it takes to get a home loan after filing bankruptcy, from California … [Continue reading...]

By Cathy Moran, Esq. Filed Under: Opinionated

Amid the comfortable camaraderie of the Chapter 13 bar's holiday gathering, the trustee and I were struck by the paucity of young, or even youngish, faces in the group. The stout, dedicated lawyers who've toiled in the ND CA bankruptcy courts (rather magnificently, if you ask me) are growing old. And neither the trustee nor I could formulate an honest reason why a capable young lawyer should … [Continue reading...]

Rule 3002.1 And The Tangled Web of HOA Assessments

By Cathy Moran, Esq. Filed Under: Real property, Rule 3002.1

The Hadfeg decision was delivered to me in response to a standing search for bankruptcy decisions involving FRBP 3002.1. But multi strands of legal theories run through this one. The questions, answered and unanswered, are tantalizing. The facts are thus: Prepetition HOA dues scheduled for $5000, while HOA later claimed it was $33,000.No proof of claim filed by HOAPost … [Continue reading...]

Start with problem, not procedure

By Cathy Moran, Esq. Filed Under: lawyer skills

The new bankruptcy lawyer sent me an email. What do I file when there's an objection to my client's amended Chapter 13 plan: notice a hearing? file a demurer? In her case, the form of the "objection" suggested the opposing counsel was as new to bankruptcy as the debtor's lawyer. My advice? First: figure out whether there's a lawyer-to-lawyer solution before figuring out how … [Continue reading...]

What Debts to Include in Bankruptcy

By Cathy Moran, Esq. Filed Under: Before filing

Bankruptcy lawyers know that all debts need to be scheduled. Clients think or hope that they get to pick and choose. Every effective bankruptcy lawyer needs a line, a phrase, or a story to squelch the client's instinct to exclude things from their bankruptcy filing. The instinct to omit Often the client's desire to be less than forthcoming is born of fear or ignorance. The job of a … [Continue reading...]

Filing Bankruptcy Petitions: Playing Connect the Dots

By Cathy Moran, Esq. Filed Under: Before filing, Start Here

I almost took the client at her word and filed schedules that told half the story. Well, maybe it was 3/4 of the story, but the client who, to my consternation, seemed to enjoy nit picking the draft schedules, told me about the cabin on the lake that they rent out, but omitted from the questionnaire the rental income, the management fee, the utilities and any provision for maintenance on the … [Continue reading...]

Find Solution That Works, Bankruptcy or No

By Cathy Moran, Esq. Filed Under: Bankruptcy Practice

Procrutes assaulting his guest upon the bed

Good income, substantial priority tax debt, other debt within the limits: sounds like a Chapter 13 bankruptcy, doesn't it? Yet the clients were in my office for a second opinion, convinced they couldn't sustain over five years the payments their attorney provided in their Chapter 13 plan. Their attorney's approach reminded me of the Greek story of the brigand Procrustes, who waylaid … [Continue reading...]

Prompt Full Disclosure from Bankruptcy Clients

By Cathy Moran, Esq. Filed Under: Before filing, lawyer skills, Start Here

If the price of a bankruptcy discharge is full disclosure, some clients still want to underpay. No matter how carefully you script your initial interview with a client in quest of everything you need to know to advise them on bankruptcy, there will be some tidbit, relevant to your quest, that isn't evoked with your questions. But, never fear, you have another trick up your sleeve: the open … [Continue reading...]

Why The No-Look Fee In Bankruptcy Harms Us All

By Cathy Moran, Esq. Filed Under: Attorneys fees

The no-look fee is no good in many bankruptcy cases. It harms debtors, their lawyers, and the system as a whole. It fails to compensate the lawyer for critical work, causing a disincentive to providing proper representation. We give up a lot when we settle for being paid just the no-look fee. How we got here No-look (or presumptive) fees were instituted to relieve courts … [Continue reading...]

How To Brush Off The Means Test

By Cathy Moran, Esq. Filed Under: Means test

There's a way around the means test. And it's right there in the Code. Yet we forget. The ***x!!XXX thing only applies to debtors whose debts are primarily consumer. Consumer debt is defined: 8) The term “consumer debt” means debt incurred by an individual primarily for a personal, family, or household purpose. I had to review what isn't consumer debt the other day to … [Continue reading...]

Dig Deep In Your First Meeting With A Prospective Client

By Cathy Moran, Esq. Filed Under: Before filing, lawyer skills

The success of a bankruptcy case is frequently determined at the first meeting between client and lawyer. The information that is exchanged and the confidence that is built at that encounter shapes the client's expectations, the choice of chapter, the timing of the filing and much more. So I cringe when I hear stories about the first, frequently "free", consultation between prospective … [Continue reading...]

4 Reasons To Keep Time Records No One Discusses

By Cathy Moran, Esq. Filed Under: Attorneys fees

Mention keeping time records to a bankruptcy lawyer and you're likely met with expressions of utter revulsion. I swear that all too many assert that the major appeal of being a bankruptcy lawyer is precisely that they don't have to keep time. Between flat fee deals with clients, and no look fees in Chapter 13, they feel liberated from the clock and the time sheet. What a … [Continue reading...]

The Chasm Between Judges & Bankruptcy Attorneys Over Fees

By Cathy Moran, Esq. Filed Under: Attorneys fees, Opinionated

Why is there such a gap between consumer attorneys and bankruptcy judges over attorneys fees? Sources tell that it sometimes feels like the bench believes that every dollar a debtor's lawyer gets is of questionable legitimacy. Yet the same judges roll their eyes, at least figuratively, at the competence and preparation of those same lawyers. Think there might be a connection? Does the … [Continue reading...]

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