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Don’t Dismiss FRBP 7041 | Quick: tell me all you know about FRBP 7041. Maybe you’re like me and never … | Cathy Moran, Esq. | |
Navigate The Marital Debt Thicket In Bankruptcy | Love and Marriage. Fries and Catsup. Chips and Dip. Like these famous pairings, divorce and … | Cathy Moran, Esq. | |
Bankruptcy and the “hard of hearing” | You never know just how a client hears your advice, until you hear yourself … | Cathy Moran, Esq. | |
Re-examining The Means Test Cost of Home Ownership | The real non mortgage expenses of home ownership are nothing like the means test allowances … | Cathy Moran, Esq. | |
Interspousal Claims Defy The Chapter 7 Discharge | Even when the contentions against a debtor-spouse sound in fraud, breach of fiduciary duty, or … | Cathy Moran, Esq. | |
Sneak Attack On Consumer Rights | Tax code changes effective in 2018 inflicted a crippling blow to consumers who must sue … | Cathy Moran, Esq. | |
When Laws Collide, You Need The Right Word | As lawyers, words are our stock in trade. If we want to describe, explain, or … | Cathy Moran, Esq. | |
Why listening is a bankruptcy lawyer’s superpower | The initial meeting with a prospective bankruptcy client is the most important work I do … | Cathy Moran, Esq. | |
Chapter 13 NoLook Fees: Fair vs. Affordable | I’ve long campaigned for compensation of bankruptcy practitioners that recognizes the practitioner’s skill set and … | Cathy Moran, Esq. | |
Debt Buyers Pay A Lot Post-Taggart | You know it won’t go well for the creditor in a discharge violation case when … | Cathy Moran, Esq. | |
Sua Sponte Monetary Sanctions Against Counsel | The 9th CIr. BAP erected a high bar for the imposition of monetary sanctions against … | Cathy Moran, Esq. | |
What Goes Into The Liquidation Analysis | The liquidation analysis is central to every form of consumer bankruptcy. Yet too many attorneys … | Cathy Moran, Esq. | |
Getting Started In Bankruptcy Law | Everyone new to bankruptcy needs a guide to this specialized legal realm. Just as you … | Cathy Moran, Esq. | |
When The Marital Community Doesn’t Get A Bankruptcy Discharge | Community property works differently in bankruptcy, especially when it comes to debts of a non-filing … | Cathy Moran, Esq. | |
The Weak Link In The Means Test | The bankruptcy means test, designed to keep people out of bankruptcy, has a fatal weakness. … | Cathy Moran, Esq. | |
The Long Reach of R. 3002.1 | What are the consequences of a secured lender’s failure to comply with R. 3002.1 in … | Cathy Moran, Esq. | |
Recover The House AFTER The Foreclosure Under New California Law | The signal changes in California foreclosure law in 2021 are bearing unexpected fruit: a bankruptcy … | Cathy Moran, Esq. | |
Rule 41 Threatens Strike Out | I was the third attorney on this lien avoidance matter. Instead of it being “third … | Cathy Moran, Esq. | |
Today’s AI Stands To Create Work For Consumer Lawyers | Most lawyers were torn between wincing and laughing when a lawyer filed a brief packed … | Cathy Moran, Esq. | |
The Neglected Non-dischargeability Provision | Hands up, everyone who has encountered a claim that a debt is non-dischargeable by reason … | Cathy Moran, Esq. | |
Is This Corporation Really Separate From Its Owners: A Checklist | In a perfectly-executed world, clients who do business via an entity like a corporation or … | Cathy Moran, Esq. | |
Are 401(k) Contributions Disposable Income Or Not? | For a system that is supposed to rehabilitate personal finances and set debtors back on … | Cathy Moran, Esq. | |
Bankruptcy Law Trumps State Protection For Judgment Lien | State law insulated a recorded judgment lien from future increases in the homestead exemption. However, … | Cathy Moran, Esq. | |
Finding the Flaws in IRS Tax Liens | Tax liens in bankruptcy sometimes don’t stand up to close scrutiny, to the delight and … | Cathy Moran, Esq. | |
Marital Adjustment: Everything But The Kitchen Sink | Not every expenditure that benefits the debtor’s household or his family is a household expense. And, … | Cathy Moran, Esq. | |
Brace & Beyond: Joint Tenancy & Transmutation | For Californians, the CA Supreme Court’s decision in Brace upended our understanding of joint tenancy … | Cathy Moran, Esq. | |
Is Your Law Practice Evolving To Incorporate New Technology | When the world was forced to adjust to new routines in March 2020 due to … | Jay Fleischman | |
Siegel, Claim Preclusion & Me | I’ve been having nightmares about the 9th’s Circuit’s decision in Siegel for 20 years. Broad … | Cathy Moran, Esq. | |
How To Bankruptcy-Proof A Divorce Settlement | Chapter 13 bankruptcy can discharge non support obligations associated with a divorce that are non-dischargeable … | Cathy Moran, Esq. | |
The Complex World Of Interspousal Claims In Bankruptcy | Traps and grey areas abound when one spouse files bankruptcy during or after a divorce. … | Cathy Moran, Esq. | |
Lien Avoidance In Bankruptcy: The Questions You Need To Answer | Black letter law says liens pass through bankruptcy unchanged. But the better statement adds a … | Cathy Moran, Esq. | |
Lenders Can’t Hide From Misapplication of Mortgage Payments | Who knew 20 years ago how apparently hard it is to account for money paid … | Cathy Moran, Esq. | |
Between the 1st and the 15th: Is Mortgage Current? | The no man’s land between the mortgage due date and late payment is a persistent … | Cathy Moran, Esq. | |
Your Duty of Loyalty And Married Clients | Are your loyalties divided When a married couple books a bankruptcy consultation, you have an … | Cathy Moran, Esq. | |
Taxes & Timing: Calculating Outcomes for Bankruptcy Debtors | Bankruptcy lawyers regularly evaluate the dischargeability of taxes when deciding when to file a client’s … | Cathy Moran, Esq. | |
All Bankruptcy Roads Pass Through Chapter 5 | Regardless of the ultimate destination, all bankruptcy roads run through Chapter 5. A few bankruptcy … | Cathy Moran, Esq. | |
Do You Know These Exceptions To Discharge Not In The Bankruptcy Code? | Not all exceptions to discharge in bankruptcy are found in the Bankruptcy Code. Inconvenient, but … | Cathy Moran, Esq. | |
Sole Proprietorship In Chapter 7 In Trustee’s Cross Hairs | Why would a bankruptcy trustee shut down a sole proprietorship business with no value? That … | Cathy Moran, Esq. | |
One Trait Makes A Bankruptcy Lawyer Great | One trait makes a bankruptcy attorney stand out. Bankruptcy forms promote the view that filing a … | Cathy Moran, Esq. | |
Rescuing A Troubled Chapter 13: The Unseen Threat | We all get sucked in, at some time, to trying to rescue a Chapter 13 … | Cathy Moran, Esq. | |
What Bankruptcy Counsel Forgot | How do you forget capital gains taxes? More easily than you would think, apparently. When … | Cathy Moran, Esq. | |
Crushing Tax Change For Injured Consumers | The “Tax Cut Act” actually increased the tax on consumer recoveries. Under the new tax … | William Purdy | |
Delay Division of Community Property At Peril of Bankruptcy | Put off the division of community property in a marital dissolution at your peril. Hesitate … | Cathy Moran, Esq. | |
700 Words Yield $21K | Have I got a story for you. A rousing tale of schedules, hearings, frustrations, and … | Cathy Moran, Esq. | |
Parker: Sweet Decision On Stay Violations | I don’t know just what makes Parker such a treat for me, but it delivers … | Cathy Moran, Esq. | |
List It Or Lose It: When Actual Knowledge Isn’t Enough | To actually effect abandonment of unadministered assets in a bankruptcy case, the asset in question … | Cathy Moran, Esq. | |
Why Your Bankruptcy Client Doesn’t Understand You (And How To Fix the Problem) | Bankruptcy terminology, so familiar to lawyers, stymies clients. Even common English words seem to flumox … | Cathy Moran, Esq. | |
Diaz & The Tax Refund | On its face, Diaz (Diaz v. Viegelahn , No. 19-50982 (5th Cir. Aug. 26, 2020)) … | Cathy Moran, Esq. | |
Ensure You Understand Insurance In Bankruptcy | Sometimes, issues that you’ve just skimmed over burst forth in bunches, demanding attention. Lately, that … | Cathy Moran, Esq. | |
6 Steps to Ethical Unbundling of Bankruptcy Representation | No matter how many hoops the client dutifully jumped through, without adequate inquiry and communication, … | Cathy Moran, Esq. | |
Reaffirmations Impose Impossible Demands On Bankruptcy Counsel | When BAPCA gutted the ipso facto clause, reaffirmation was left as the only way a … | Cathy Moran, Esq. | |
Hearsay Exception: How Do I Get This Into Evidence? | Quick: tell me everything you know about Federal Rule of Evidence 803(17)! If you’re like … | Cathy Moran, Esq. | |
Wrestling With The Means Test | The timeless questions asked by mankind include “why are we here“, “which came first...” and … | Cathy Moran, Esq. | |
Unpacking The Enhanced California Homestead | On January 1, 2021, California’s homestead exemption grew from a prior low of $75,000 to … | Cathy Moran, Esq. | |
Your Help Needed With Consumer Attorney Fee Survey | Can I assume you’d like some authority to back up your next application for fees? … | Cathy Moran, Esq. | |
Delinquent Utilities and Disconnection Under New Bankruptcy Provision | Bankruptcy debtors with delinquent utility bills got a measure of protection from interruption in their … | Cathy Moran, Esq. | |
Chapter 13 Discharge Expanded by COVID Relief Legislation | Chapter 13 debtors got a huge “gift” among the COVID relief provisions of the Consolidated … | Cathy Moran, Esq. | |
Cars & Bankruptcy: What You Must Know To Get It Right | It’s time for a summary and refresher on dealing with car loans in bankruptcy. Somehow, … | Cathy Moran, Esq. | |
The Means Test Allows Health Care Before Creditors | Health insurance is an allowable means test deduction, even if the debtor doesn’t currently have … | Cathy Moran, Esq. | |
Projecting Means Test Tax Expense When Things Change | Bankruptcy means test tax projections get more complicated when the year of filing situation looks … | Cathy Moran, Esq. | |
Juggling in Defense of the Tax Refund | As long as clients use tax withholding as a form of savings account, bankruptcy lawyers … | Cathy Moran, Esq. | |
Tax Traps 1095 Days Out | When it comes time to discharge 2019 taxes in bankruptcy, the IRS has laid a … | Cathy Moran, Esq. | |
New California Homestead in Action | The California homestead just changed, for the better, but it raised questions about how the … | Cathy Moran, Esq. | |
Reasons Not To Choose Business Bankruptcy | Bankruptcy preference avoiding powers constitute a serious reason not to choose a corporate bankruptcy to … | Cathy Moran, Esq. | |
Tax Audit Aftermath-Did You Tell The State? | One of the bedrock requirements of the discharge of taxes in in bankruptcy is the … | Cathy Moran, Esq. | |
Assessing the Ailing Business Post Pandemic | Long after the human patients recover from the coronavirus, small businesses will still be ailing. … | Cathy Moran, Esq. | |
Objection: Hearsay | There you are, client on the witness stand, jury in the box, story being told … | Wayne Silver | |
Taxing Questions in Bankruptcy’s New Subchapter V | With the enactment of the Small Business Reorganization Act, Chapter 11 is expected to become … | Steven Walker | |
Analyzing The Troubled Chapter 13: 20,000 Questions Under The Surface Of The Case | After the pandemic, when the economy lurches back into motion, bankruptcy lawyers will confront a … | Cathy Moran, Esq. | |
Coronavirus & The Law | In the face of pandemic and economic stasis, information is both vital and fleeting. I’m … | Cathy Moran, Esq. | |
Mortgage Matters In Times Of COVID-19 | Is it 2008 again? For us in the mortgage industry, we woke up this week … | Bob Schuman | |
Charting The Course of A Case | Planning the bankruptcy often determines whether the case succeeds or fails. To obtain good results … | Cathy Moran, Esq. | |
Black Decision Sheds Light On Vesting Questions | Clouds of uncertainty have hovered over Chapter 13 debtors who find that they need to … | Cathy Moran, Esq. | |
First Principles For First Meetings | Once again, I sat in a 341 meeting where the trustee purported to deliver vital … | Cathy Moran, Esq. | |
PACE Loans- New Subprime Debts | Presentation November 2017 NCLC Consumer Litigation Conference 1 NCLC PACE Presentation final | Cathy Moran, Esq. | |
When Worlds of Bankruptcy & Family Law Collide | Bankruptcy, actual or threatened, can cause a genuine disruption in the force when divorce is … | Cathy Moran, Esq. | |
When The Means Test Is Meaningless | A local bankruptcy attorney stumbled over the most basic part of the means test. Just … | Cathy Moran, Esq. | |
Win Now, Wreck Later: A Tale of Bankruptcy and Mortgage Servicing | My Google Alert popped up a lovely win for a Chapter 13 homeowner , but … | Cathy Moran, Esq. | |
Secrets To Home Loans For Chapter 13 Debtors | Every bankruptcy debtor yearns to rebuild their credit. Whatever drove them to bankruptcy did no … | Bob Schuman | |
Amid the comfortable camaraderie of the Chapter 13 bar’s holiday gathering, the trustee and I … | Cathy Moran, Esq. | ||
Rule 3002.1 And The Tangled Web of HOA Assessments | The Hadfeg decision was delivered to me in response to a standing search for bankruptcy … | Cathy Moran, Esq. | |
Start with problem, not procedure | The new bankruptcy lawyer sent me an email. What do I file when there’s an … | Cathy Moran, Esq. | |
What Debts to Include in Bankruptcy | Bankruptcy lawyers know that all debts need to be scheduled. Clients think or hope that … | Cathy Moran, Esq. | |
Filing Bankruptcy Petitions: Playing Connect the Dots | I almost took the client at her word and filed schedules that told half the … | Cathy Moran, Esq. | |
Find Solution That Works, Bankruptcy or No | Good income, substantial priority tax debt, other debt within the limits: sounds like a Chapter … | Cathy Moran, Esq. | |
Prompt Full Disclosure from Bankruptcy Clients | If the price of a bankruptcy discharge is full disclosure, some clients still want to … | Cathy Moran, Esq. | |
Why The No-Look Fee In Bankruptcy Harms Us All | The no-look fee is no good in many bankruptcy cases. It harms debtors, their lawyers, … | Cathy Moran, Esq. | |
How To Brush Off The Means Test | There’s a way around the means test. And it’s right there in the Code. Yet … | Cathy Moran, Esq. | |
Dig Deep In Your First Meeting With A Prospective Client | The success of a bankruptcy case is frequently determined at the first meeting between client … | Cathy Moran, Esq. | |
4 Reasons To Keep Time Records No One Discusses | Mention keeping time records to a bankruptcy lawyer and you’re likely met with expressions of … | Cathy Moran, Esq. | |
The Chasm Between Judges & Bankruptcy Attorneys Over Fees | Why is there such a gap between consumer attorneys and bankruptcy judges over attorneys fees? … | Cathy Moran, Esq. | |
Tax Changes & Projected Expenses | At the risk of borrowing trouble, I’m looking ahead to changes to the tax … | Cathy Moran, Esq. | |
Bankruptcy as Means to Keep the House | There’s nothing like a foreclosure to get homeowners to see a bankruptcy lawyer. They are … | Cathy Moran, Esq. | |
Don’t Skimp On Service When Your Client’s House Is On The Line | Is the Chapter 13 trustee jeopardizing the benefits to my client of Rule 3002.1 by … | Cathy Moran, Esq. | |
Direct Mortgage Payments: Inside, Under, Or Outside The Plan | Are post petition payments on the debtor’s mortgage “under the plan”? Not in the view … | Cathy Moran, Esq. | |
IRS Trick I’d Never Seen Before | The third amended IRS claim in my client’s case added entries for an excise tax … | Cathy Moran, Esq. | |
Battle On When Bank Back Tracks On Home Loan Balance | It’s war, after all. Remember the office pool I created following the lender’s statement under … | Cathy Moran, Esq. | |
Up Against The Wall(design) | Bankruptcy’s avoiding powers often turn otherwise unexceptional transfers on their heads. But who expected that … | Wayne Silver | |
Jump Start Your Bankruptcy Research | The next best thing to being a fly on the wall in the judge’s chambers … | Cathy Moran, Esq. | |
Brace Yourself | The 9th BAP’s Brace decision blew over everything we thought we knew about community property, … | Cathy Moran, Esq. | |
All Dressed Up & Nowhere To Go | It’s the pits to be stood up by a Rule. Rule 3002.1 is, in my … | Cathy Moran, Esq. | |
Beyond Racism And Self Interest: Why Blacks File And Fail At Chapter 13 | ProPublica’s study of the percentage of black debtors who file bankruptcy and fail at Chapter … | Cathy Moran, Esq. | |
They’re Changing the Rules On Us | Come December, the Bankruptcy Rules will change again. So, I’ve got a shout out to … | Cathy Moran, Esq. | |
The Smart Way To Cut The IRS Out | Like so much in life, it’s all about timing I revisited an older post here … | Cathy Moran, Esq. | |
Mortgage Servicing Under the Microscope | The judge looked closely at the creditor’s accounting records and found the usual fright. Having … | Cathy Moran, Esq. | |
Homeowners Face Down The Mortgage Servicer Over Their Request For Information | The homeowners beat the bank in the first round of RESPA/FDCPA litigation, upholding the … | Cathy Moran, Esq. | |
Chronicles of Bankruptcy Rule 3002.1 | A homeowner should emerge from Chapter 13 knowing exactly what she owes on her mortgage; … | Cathy Moran, Esq. | |
Cautionary Tale re Bankruptcy, Attorneys and Notice | How often has your bankruptcy client presented you with a copy of a complaint or … | Cathy Moran, Esq. | |
Who Wants To Get Paid? | Anyone interested in attorneys fees? Are you filing adversaries and motions to collect money from … | Cathy Moran, Esq. | |
Untangling The Converted Bankruptcy Case | Conversion to Chapter 7 from Chapter 13 usually comes amid some sort of train wreck. … | Cathy Moran, Esq. | |
Bankruptcy & Divorce: A Disruption In The Force | When bankruptcy law and family law intersect, the result can be liberating or disruptive, depending … | Cathy Moran, Esq. | |
Unfair Loan Modification Practices Rejected By 9th Circuit | Promising a loan modification and failing to deliver, after pocketing trial mod payments, isn’t … | Cathy Moran, Esq. | |
Shadow Players May Have Support Claims In Bankruptcy | What we know so far about domestic support obligations in bankruptcy is that they are … | Cathy Moran, Esq. | |
Getting Means Test Tax Projections Right | The means test tax deduction offers fertile ground for passing the means test. But mention … | Cathy Moran, Esq. | |
When Chapter 13 Debtors Run Amok | We’ve had a string of them…. [Hint: in a small practice, a “string” means “three. … | Cathy Moran, Esq. | |
Proofs of Claim, Res Judicata, And A Good Night’s Sleep | Trouble shared is trouble halved. Brainy Quotes attributes that bit of wisdom to writer Dorothy … | Cathy Moran, Esq. | |
How Lien Stripping Differs From Lien Avoidance | The draft of a lien avoidance motion my paralegal presented me was garbled. Lien stripping … | Cathy Moran, Esq. | |
Use All Channels to Educate Bankruptcy Debtors | The skill set of a consumer bankruptcy lawyer must include a healthy dose of the … | Cathy Moran, Esq. | |
The Change We Need In Consumer Bankruptcy Practice | The American Bankruptcy Institute under the leadership of retired Judge Eugene Wedoff is gathering input … | Cathy Moran, Esq. | |
Hammered By Rule 3002.1 | To my mind, Rule 3002.1 is the most powerful, most under-utilized tool in our tool … | Cathy Moran, Esq. | |
Corporate Bankruptcy: So We Can Start Over | Thou shalt not file bankruptcy for a corporation. It’s almost a commandment from on high … | Cathy Moran, Esq. | |
Bubble, Bubble, Toil and Trouble | I find I’m back at the Bankruptcy Mastery keyboard. Several years ago I thought I … | Cathy Moran, Esq. | |
Picking Your Chapter 11 Teammates | Professionals in Chapter 11 have to be “disinterested“; make sure they are also capable. You … | Cathy Moran, Esq. | |
What Keeps Me Busy | The number of new cases through my doors is down, just like it is everywhere. … | Cathy Moran, Esq. | |
Bankruptcy Sales Free And Clear | Now that the real estate market in my area is improving, we are dusting off … | Cathy Moran, Esq. | |
When Just-In-Time Is Just Right | Getting things done and off your desk is usually a good modus operandi for an attorney. … | Mark Markus | |
Phantom Creditors In Bankruptcy | Don’t overlook in rem liability when scheduling creditors. These phantom creditors often waft through the … | Cathy Moran, Esq. | |
Can You Tell A Lien From A Secured Claim? | The underwater second deed of trust was listed on Schedule F in the debtor’s prior … | Cathy Moran, Esq. | |
How To Insure The Judgment Isn’t Discharged In Bankruptcy | The settlement agreement, fully executed, provided explicitly that the obligation was not dischargeable in bankruptcy. … | Cathy Moran, Esq. | |
Married: Assorted Bankruptcy Exemption Issues | Our series on family law and bankruptcy continues with an exploration of a mixed bag … | Cathy Moran, Esq. | |
Mortgage Servicers In The Crosshairs | The sign on my office door should read: Armed and Dangerous Dangerous, anyway, if you … | Cathy Moran, Esq. | |
Can Family Court Order Discharged Spouse To Indemnify The Other? | File bankruptcy before or after a divorce? It’s the classic bankruptcy family law conundrum. We … | Cathy Moran, Esq. | |
How To Wield Influence And Change The Rules Of The Game | Change is coming to the rules of bankruptcy that drive what we do and the … | Cathy Moran, Esq. | |
Domestic Support Obligations: When The Rules We Know Change | As bankruptcy lawyers, we’d like to get the world trained to simply halt in their … | Cathy Moran, Esq. | |
The Not So Secret Rules Of Bankruptcy Service | Today’s post comes from Jay Jump, Washington bankruptcy attorney and expert on service in bankruptcy … | Jay Jump | |
Non Support Debts In Bankruptcy: Our Options Have Changed | Read the case annotations for Section 523(a)(15)of the Bankruptcy Code casually, and you can go … | Cathy Moran, Esq. | |
Loss Mitigation: The Rules Have Changed | New federal rules on mortgage servicing can help homeowners avert disaster. But they … | Cathy Moran, Esq. | |
How Bankruptcy Courts Deal With Alimony and Support | The starting place for our exploration of bankruptcy and family law is support. Whether it’s … | Cathy Moran, Esq. | |
Bankruptcy And Family Law : Your New Frontier | Divorce is one of the three major predictors of bankruptcy filing, along with job loss … | Cathy Moran, Esq. | |
Readers Vote With Their Mouse | Last time, I listed my 10 favorite Bankruptcy Mastery posts from 2013. Just for fun, … | Cathy Moran, Esq. | |
The Best of Bankruptcy Mastery in 2013 | Let’s have some retrospective before we look forward to bankruptcy lawyering in 2014. Here are … | Cathy Moran, Esq. | |
What Price Silence? | Read any good orders lately? I read a not-so-good order yesterday. It affirmed sanctions against … | Cathy Moran, Esq. | |
The Trick To Getting All Pending Actions To Bankruptcy Court | Don’t overlook the ability to keep your client and any litigation that you want or … | Cathy Moran, Esq. | |
BankruptcyMastery Chosen One of Best Blogs of 2013 | Bankruptcy Mastery was selected one of the 100 top Blawgs of 2013 by the American … | Cathy Moran, Esq. | |
Bankruptcy Rules And Forms Change | The only thing constant is change, we’re told. So, here are the important changes to … | Cathy Moran, Esq. | |
The 50 State Treasure Hunt | Joint bank accounts present one of the most vexing problems for a bankruptcy lawyer. Too … | Cathy Moran, Esq. | |
What You Need To Know About Conversion Of Bankruptcy Cases | Sometimes, the most challenging questions for a bankruptcy lawyer come up well after the case is … | Cathy Moran, Esq. | |
Do You Believe in Magic Exemptions? | I commend to you 11 U.S.C. 522(c). For therein lies a magical tool even for … | Cathy Moran, Esq. | |
What No One Told Me About Adversary Pleading | When I learn something new about bankruptcy after 30 years of practice, I don’t know … | Cathy Moran, Esq. | |
Keeping Watch Over Chapter 13 Claims | Do you remain on watch in your client’s Chapter 13 after confirmation? The attorney for … | Cathy Moran, Esq. | |
Time Can Be On Your Side | Lucky us. Not. We have a new, multipage model Chapter 13 plan in several Bay Area … | Cathy Moran, Esq. | |
Fleshing Out Incorporation Before Bankruptcy | Miss Manners As Miss Manners might say, you, Gentle Reader, have a secret fan. A … | Cathy Moran, Esq. | |
I Assume, Redux | If there are 50 ways to leave your lover, there must be 150 ways that … | Cathy Moran, Esq. | |
Chapter 7 Risks Everything For Operating Business | Shut the business down, the Chapter 7 trustee told debtor’s counsel. Or get an order … | Cathy Moran, Esq. | |
Neat Bankruptcy Skill: Severing Spouses | Every time I contemplate severing a joint bankruptcy case, the traditional Anglican wedding service echoes: … | Cathy Moran, Esq. | |
Jazz Up Your Bankruptcy Practice | Meet me in New Orleans. That’s where the bankruptcy action will be at the end … | Cathy Moran, Esq. | |
The Rules Of The Game Are Changing | Change is coming- either influence it or don’t complain. The proposed changes to the rules … | Cathy Moran, Esq. | |
Watch Your Language | Pick your words carefully. Your clients will have to live with the results of your … | Cathy Moran, Esq. | |
When Appearances Are Deceiving | The judgment was for $500,000. Debtor’s bankruptcy lawyer was stumped. How to schedule it? What’s … | Cathy Moran, Esq. | |
Who Is Stupid Here? | The headline was “Are your clients really stupid?”. Wait, wait. Hear him out. The answer … | Cathy Moran, Esq. | |
Split The Sheets, Split The Debts, Then Watch Out | The marital settlement agreement that resolves a divorce often divides the debts between the couple. … | Cathy Moran, Esq. | |
Is The Price Right? | What’s it worth? Another round of bankruptcy newbie questions suggests it’s time to review small … | Cathy Moran, Esq. | |
RTFM* | I know gambling debts are non dischargeable, so we can’t convert the Chapter 13. So … | Cathy Moran, Esq. | |
Bankruptcy For Elders: Minefield or Mother Lode? | I commend to you the money problems of the elderly as challenging and underserved. The … | Cathy Moran, Esq. | |
Who Is The Liar Here? | The mortgage mill lawyer on the other end of the phone tried to tell me … | Cathy Moran, Esq. | |
The Bankruptcy Rules Of The Road | Do you need to know how much notice to give on a chapter 13 plan? … | Jill Michaux | |
Axe Falls On Debtor’s Counsel | Just when I think my work here is done, I have a week like last … | Cathy Moran, Esq. | |
When Insurance Can Be The Death Of You | Remember survey courses from college? Kinda like flying low over new territory without ever landing … | Cathy Moran, Esq. | |
The More We Get Together | Not a bad place for a weekend, eh? The NACBA convention was great. The two … | Cathy Moran, Esq. | |
Why Realization Dawns Too Late | This time, I have a question for you. How do we get laymen to see … | Cathy Moran, Esq. | |
Got These Dates? | Friday The Chapter13 trustees ‘ Academy is sponsoring a free Means Test webinar Friday, April 19, … | Cathy Moran, Esq. | |
Projecting Tax Expense In A Life In Flux | When your client’s tax situation is changing, projecting taxes for the means test becomes more … | Cathy Moran, Esq. | |
Business Bankruptcy and The Bingo Effect | The lives of business bankruptcy clients are peopled with a less than obvious cast of … | Cathy Moran, Esq. | |
Tax Withholding Not Etched in Stone | Taxes are one of the means test expense items that I have labeled as a … | Cathy Moran, Esq. | |
On The Trail Of The Reopened Bankruptcy Case | We’re here at the trail head. Our goal is to reopen a bankruptcy case. I … | Cathy Moran, Esq. | |
What’s It Worth To You? | If all the children in Lake Woebegon are above average, all the small businesses our … | Cathy Moran, Esq. | |
Hat Tip For Timeless Little Tips | It’s the little things that count. My life in the law is so much richer … | Cathy Moran, Esq. | |
The Savvy Move: San Diego For NACBA Convention | Sunshine, camaraderie, and CLE. Three days in San Diego for the NACBA 2013 Convention. No need … | Cathy Moran, Esq. | |
Old Lesson From Innovation Event | The most important thing I learned at a half day spent at ReInventLaw Silicon … | Cathy Moran, Esq. | |
Dealing With Joint Debt And Business Struggles | Early in this series on business bankruptcy issues, we focused on figuring out just who … | Cathy Moran, Esq. | |
Double Up On Exemptions | Now’s the sweet spot for bankruptcy exemption planning: before April 15th. Up until April 15th, … | Cathy Moran, Esq. | |
Lien Strip Cases Are Time Bombs | They are coming to get you. It’s true: I’ve now heard it from two bankruptcy … | Cathy Moran, Esq. | |
Three Payroll Tax Issues That Can Bite The Unsuspecting | Business bankruptcy cases can lull you into inattention when no payroll tax issues are apparent … | Cathy Moran, Esq. | |
What Bankruptcy Lawyers Must Know About Payroll Taxes | Payroll taxes are dynamite: they are non-dischargeable in bankruptcy the taxing authorities are the Big … | Cathy Moran, Esq. | |
Have The Last Word On New Forms | By tomorrow, the door will be locked. Public comment closes today on the draft new … | Cathy Moran, Esq. | |
Bankruptcy Lawyer Sleepless in Silicon Valley | The“Who’s On First” problem of lien strip service haunted my weekend at the Sacramento Bankruptcy … | Cathy Moran, Esq. | |
Have Your Say About New Bankruptcy Forms | Speak now or forever hold your peace. Or suffer in silence, is more like it. … | Cathy Moran, Esq. | |
Sleepless In Sacramento | A really good bankruptcy law conference leaves you unable to sleep the next night. If … | Cathy Moran, Esq. | |
Taxing Questions In Business Bankruptcy | Tax issues in a failing business can feel like a maze to the bankruptcy lawyer. … | Cathy Moran, Esq. | |
What Does Good Lawyering Cost? | Ms. Moran, how could this bankruptcy case have cost as much as your fee application … | Cathy Moran, Esq. | |
Is The Debtor Lost In Space? | Business bankruptcy skills, continued. The business lease often stands at the center of the troubles … | Cathy Moran, Esq. | |
Corporate Chapter 7: The Other Side Of The Coin | The reasons not to file a Chapter 7 for a failing corporation crowded my last … | Cathy Moran, Esq. | |
Four Dangers In Bankrupting A Corporation | If the whole point in bankruptcy is getting a discharge of your debts, it’s obvious … | Cathy Moran, Esq. | |
Is Your Bankruptcy Client’s Business Worth Saving? | Your client’s business is going under. What should I do? he asks of you. Return … | Cathy Moran, Esq. | |
Who Is On The Hook For Debts? | When the person sitting in your office runs a struggling business, I proposed three initial … | Cathy Moran, Esq. | |
Is Your Debtor Corporate or Corporeal? | Mitt Romney famously insisted that corporations are people. We can disagree about the nature and … | Cathy Moran, Esq. | |
Get A New String To Your Bankruptcy Bow | Success in the business of bankruptcy law lies in not chasing the run of the … | Cathy Moran, Esq. | |
Mortgage Forgiveness Tax Break Renewed | The tax break protecting homeowners from phantom income when their homes are foreclosed was reauthorized … | Cathy Moran, Esq. | |
Mastery Favorites From 2012 | Less than a week to go in 2012. Rather than float a new idea, I … | Cathy Moran, Esq. | |
The Best Reason To Reduce Chapter 13 Payments | When life intervenes during the course of a Chapter 13 case, we can modify the … | Cathy Moran, Esq. | |
When The Chapter 13 Plan Has A Flat | The Chapter 13 completion rate for confirmed plans in San Jose is 65%. Nationally, it’s … | Cathy Moran, Esq. | |
Don’t File Bankruptcy (Now) | Timing is everything. Hitting a round ball with a cylindrical bat is a matter of … | Cathy Moran, Esq. | |
5 Tricks For Bankruptcy Exemptions | I’ve spent hunks of the past couple of days working exemption issues in cases we’re … | Cathy Moran, Esq. | |
How Did The Autopsy Go? | Bankruptcy cases in our offices have a relatively short life span and our involvement in … | Cathy Moran, Esq. | |
Bankruptcy Attorney As Storyteller | We get so caught up in putting the right stuff in the right place on … | Cathy Moran, Esq. | |
Whose Property Is It At Conversion? | Twenty years in, it’s still undecided. We have no uniform rule on what happens to … | Cathy Moran, Esq. | |
Brokerage Agreement Boilerplate May Cost Client Their IRA | Talk to Chuck and lose your IRA? That’s the prospect suggested by a recent bankruptcy … | Cathy Moran, Esq. | |
Join Me For A Day Of Online Marketing On December 8, 2012 | Once upon a time, a raft of consumer bankruptcy lawyers were lost in Googleland. The … | Cathy Moran, Esq. | |
The Mystery Of Adequate Protection | Adequate protection in operation seems to stump new bankruptcy lawyers. How does the adequate protection … | Cathy Moran, Esq. | |
Means Test & Chapter 13 Plan Slides | The slides from my presentations at Amelia Island last weekend can be downloaded here: https://www.bankruptcymastery.com/workshopslide/ | Cathy Moran, Esq. | |
My Choice of Nuggets From NACBA Workshop | Wrap up from Amelia Island NACBA Workshop Anytime you spend time rubbing shoulders with other … | Cathy Moran, Esq. | |
Bankruptcy Ethics: Candor v. Confidentiality | Crack of dawn from Amelia Island: a crackerjack program on bankruptcy ethics with Judge Thomas … | Cathy Moran, Esq. | |
Bankruptcy Case Law Update | I can’t type fast enough to summarize Henry Sommer’s comments on the cases, but I’ll … | Cathy Moran, Esq. | |
Changes to Bankruptcy Rules | John Rao reported on rule changes that will become effective December 1. There are only … | Cathy Moran, Esq. | |
From NACBA Amelia Island | Greetings from the NACBA 2012 workshop at Amelia Island. And it really does look like … | Cathy Moran, Esq. | |
Hold Your Questions (Til Friday) | I’m packing up for NACBA’s Fall Workshop in Amelia Island, starting with the Thursday night … | Cathy Moran, Esq. | |
Arm Yourself For Battle With Creditors | Most contests have rules. Charny wrote on medieval jousting; Hoyle on cards; Queensberry on boxing. … | Cathy Moran, Esq. | |
Property That Has Come And Gone | Life has a way of moving on, even when the client is in a Chapter … | Cathy Moran, Esq. | |
The Worm In The Debt Forgiveness Offer | Letters in the client’s mailbox superficially offer great news: the junior mortgage will be forgiven! … | Cathy Moran, Esq. | |
Does Your Intake Process Make For Happier Clients? | “My staff is spending too much time on the phone with clients: how do I … | Cathy Moran, Esq. | |
Good Service Isn’t Automatic When The Stay Isn’t Either | Sometimes it seems that the substance of the law is easier than procedure. Adequate service … | Cathy Moran, Esq. | |
Tax Troubles Ahead | Severe weather alert: IRS turbulence spotted The head of our local IRS insolvency section announced … | Cathy Moran, Esq. | |
Polish Your Advocacy Mindset | Be an advocate-your client has enough opponents. It’s no accident that the word for lawyer … | Cathy Moran, Esq. | |
New Kid On The SoCal Bankruptcy Block | I’m deviating from the usual here to cheer on my friend and partner in the … | Cathy Moran, Esq. | |
On Pricing The Consumer Bankruptcy Case And Involuntary Pro Bono Work | You probably spend hours in service of your client without compensation. At least, that’s how … | Cathy Moran, Esq. | |
How To View Preferences Through The Lens Of A Chapter 13 | Chapter 13 is often the chapter of choice when the client’s financial past includes avoidable … | Cathy Moran, Esq. | |
Documents Be Damned | Contrary evidence can trump the pre printed form. I saw it in a case I … | Cathy Moran, Esq. | |
Fifty Shades of Summer at Mastery | Summertime.….another Gershwin song. Maybe the living is easy, and maybe not. Bankruptcy is a challenging … | Cathy Moran, Esq. | |
George Gershwin Does Bankruptcy | Cases keep getting referred to my office when the clients are over the debt limits … | Cathy Moran, Esq. | |
Best Bankruptcy CLE For Under A Buck | What bankruptcy can and cannot do for borrowers in distress is the subtitle of a … | Cathy Moran, Esq. | |
Bankruptcy’s Three Little Words | Like waltz tempo, there’s an appeal in threes: Larry, Moe, and Curly Faith, hope, and … | Cathy Moran, Esq. | |
Get To The Heart Of This Lien Business | When I trip over the same issue three times in a week, it’s time to … | Cathy Moran, Esq. | |
No Hits, No Runs, But Lots Of Errors | Their unconfirmed Chapter 13 case was dismissed and the unrepresented debtors sitting before the judge … | Cathy Moran, Esq. | |
Win at Confirmation, Lose the House | The finality of plan confirmation was a two edged sword for the debtor’s lawyer defending … | Cathy Moran, Esq. | |
Name Your Tune | OK, it’s summer. Our minds wander. We wish we were at the beach. So, fritter … | Cathy Moran, Esq. | |
What You Need To Know About Title To The House | It was community property that garnered me my first hug from Doug Jacobs. Or rather, … | Cathy Moran, Esq. | |
Face Off With Secured Creditor | When faced with a disputed lien strip, don’t discount the possibility of compromise. I wrote … | Cathy Moran, Esq. | |
High Income Debtors & Money On The Table | Usually my posts here have a message or a lesson imbedded. This one doesn’t, unless … | Cathy Moran, Esq. | |
Pot (Plan), Anyone? | What’s a Chapter 13 pot plan, you ask. Not one drafted while under the influence, … | Cathy Moran, Esq. | |
How Much Does My Plan Have To Pay? | When an inexperienced Chapter 13 practitioner asks how much a plan has to propose to … | Cathy Moran, Esq. | |
Why Ask Why? | Any parent who’s lived through the terrible 2’s knows the appeal, and the annoyance, of … | Cathy Moran, Esq. | |
Scary Peak At Loan Mod Future | Loan modifications and the relative casualness with which they are documented scare me. Given the … | Cathy Moran, Esq. | |
Five Shortcuts To The Latest In Bankruptcy | Someone asked me the other day how I keep up on cases. I bit my … | Cathy Moran, Esq. | |
How To Avoid Being Thrown Under The Bankruptcy Bus | Bankruptcy lawyers find themselves thrown under the proverbial bus time and again. Clients contradict themselves, … | Jay Fleischman, Esq. | |
Can You Clean Up After Business Closure? | Whether it makes sense to file a Chapter 7 for a corporation is a nuanced … | Cathy Moran, Esq. | |
Why No Look Fees Are No Good For Bankruptcy Lawyers | No look fees for bankruptcy cases are comfortable and easy for the practitioner. You can … | Cathy Moran, Esq. | |
Here’s A Way To Rescue Your Client’s Exemptions | Do you know which ignored prefiling issue triggers the most reopened bankruptcy cases? I’ve got … | Cathy Moran, Esq. | |
Here Are 3 Ways To Cram Down A Car In Spite Of The Hanging Paragraph | There are three labeled exits from the 910 freeway. Find one and you save your … | Cathy Moran, Esq. | |
Top Ten Takeaways From NACBA Convention | A week after the NACBA convention, I’ve almost caught up on practice paperwork, continuing education … | Cathy Moran, Esq. | |
What I Learned In San Antonio, And What We Missed | After a long weekend with 900 bankruptcy colleagues, I’ve been thoroughly reminded about all that … | Cathy Moran, Esq. | |
NACBA San Antonio: Marketing A Bankruptcy Practice | Our presenter was Larry DePalma, an affable guy who identified himself as a marketing expert. … | Jay Fleischman, Esq. | |
Evidence Rules In Mortgage Litigation | Judge Pamela Pepper convened a “hearing” on related disputes involving a debtor’s mortgage, the creditor’s … | Cathy Moran, Esq. | |
Remember the Big Stuff: Protecting Retirement and Business Assets | Hon. Susan Kelley, U.S. Bankruptcy Court (Milwaukee, WI) Behrooz Vida, Esq. (Bedford, TX) Retirements asset … | Jay Fleischman, Esq. | |
Whoa! Watch Out For Preferences | Elaine Dowling, Esq. (Oklahoma, OK) Hon. Margaret Mahoney, U.S. Bankruptcy Court (Mobile, AL) For the … | Jay Fleischman, Esq. | |
Low Down On AG Mortgage Settlement | A last minute addition to the program for Saturday was a presentation on the nation … | Cathy Moran, Esq. | |
Stripping in San Antonio | John Rao, NACBA Vice President, and Judge Leif Clark presented the program on lien stripping. … | Cathy Moran, Esq. | |
Struggling to Surrender | Here’s what I would have blogged live if the interest in our live blogging hadn’t … | Cathy Moran, Esq. | |
Washington, Rules & NCBRC | Here’s what I would have blogged for the second session on Friday’s NACBA Convention. It … | Cathy Moran, Esq. | |
NACBA Live Blog: Caselaw Update | Welcome to the 20th annual NACBA convention, here in San Antonio, TX. We’ll be live … | Jay Fleischman, Esq. | |
Bankruptcy Mastery Will Provide Live Coverage Of NACBA San Antonio Convention | I hate taking notes during conventions. I know I should, but I don’t do it … | Jay Fleischman, Esq. | |
Revisiting Those Things I Just “Know” | One of the stock lines in my sermon to clients about the importance of telling … | Cathy Moran, Esq. | |
Can I Have Those Words Back, Please? | It was one of those occasions when in retrospect, you’re certain there is no neural … | Cathy Moran, Esq. | |
Why Courtroom Rules Work In Your Conference Room | “Objection: calls for a legal conclusion.” That’s a perfectly good courtroom objection to a question … | Cathy Moran, Esq. | |
The Business Lease: Who’s On First? | A business lease often looms as one of the biggest claims in a bankruptcy case … | Cathy Moran, Esq. | |
A Dozen Nuggets Hidden In The Tax Return | Read any interesting tax returns lately? As bankruptcy lawyers, we’re required to collect them … | Cathy Moran, Esq. | |
Buried Treasures Your Clients Don’t Disclose | I had spent at least six hours with the clients over several months, strategizing … | Cathy Moran, Esq. | |
Can You Afford To Help Your Competitors? | Why should I help my competitors? That was the query of a highly experienced bankruptcy … | Cathy Moran, Esq. | |
Prove It! | Kismet, def. fate or destiny, seemed to be in play this weekend. Or maybe it’s … | Cathy Moran, Esq. | |
Maybe You Already Knew… | I learned something new last week and it took the ***!#### means test to teach … | Cathy Moran, Esq. | |
Stop Wrestling With Lien Stripping | If there’s a bright spot in the midst of this recession, it’s the thrill … | Cathy Moran, Esq. | |
It’s Not Smart To Overpay | Some mistakes the Chapter 13 trustee will call you on; others go unremarked. … | Cathy Moran, Esq. | |
A New Wrinkle With Client Age | This seems to have been my season for issues driven by testamentary, or pseudo testamentary … | Cathy Moran, Esq. | |
When Bankruptcy Attorneys Put Their Clients In Default | The Chapter 13 Trustee almost snarled from the counsel table at last week’s … | Cathy Moran, Esq. | |
A Call To Action To All Bankruptcy Lawyers | My call to the inept bankruptcy practitioners to get better or get out … | Cathy Moran, Esq. | |
How Can I Help? | After I unloaded on the incompetence I saw in the courtroom last week, it’s only … | Cathy Moran, Esq. | |
Get Better Or Get Out | I spent a painful day in court watching two contested Chapter 13 confirmation calendars. It … | Cathy Moran, Esq. | |
Battling Uncle Sam In The Bankruptcy Court | It’s rare when you can get Uncle Sam to funnel clients in your door of … | Cathy Moran, Esq. | |
The Lift Stay Motion And The Accidental Litigator | It’s ironic that lots of us chose bankruptcy as a specialty because we didn’t want … | Cathy Moran, Esq. | |
The Chapter 13 Arsenal Is Incomplete Without This Unsung Hero | I beat the Chapter 13 trustee on what’s necessary to get a hardship discharge the … | Cathy Moran, Esq. | |
Why You Need To Know The Three Musketeers Of Bankruptcy | In literature, the three musketeers answered to Athos, Porthos, and Aramis. In the world of … | Cathy Moran, Esq. | |
Need A Bankruptcy Form or Local Rule For A Mortgage Case? | The National Consumer Law Center once again takes on a gargantuan task at the … | Cathy Moran, Esq. | |
Divorce and Bankruptcy: Frequent & Discordant Pairing | I hadn’t hit the steps of my office on the way back from a speaking … | Cathy Moran, Esq. | |
Go Back, Says Mortgage Law Expert | Pamela Simmons is one of the towering figures in the field of mortgage law, … | Cathy Moran, Esq. | |
Get Your Client Out Of The Means Test Jail | As much as the means test is a pain in the neck, why don’t more … | Cathy Moran, Esq. | |
You Can’t Tell The Players Without A Scorecard | The business bankruptcy version of “who’s on first” is the inquiry: who is … | Cathy Moran, Esq. | |
Humpty Dumpty and Statutory Interpretation | After all the time I spend cajoling, suggesting, demanding that bankruptcy lawyer READ THE … | Cathy Moran, Esq. | |
Chapter 13 Trustee Makes A Christmas List | OK, so I’m behind. Christmas was three weeks ago. I’m just getting around to sharing … | Cathy Moran, Esq. | |
Do You Know Bankruptcy’s Three Little Words? | They’re not “I love you” or even “I am sorry”. They’re bequest, devise, and … | Cathy Moran, Esq. | |
Name That Exemption | OK, readers. It’s time for a pop quiz. How many non bankruptcy, federal exemptions can … | Cathy Moran, Esq. | |
New Year’s Resolutions: What Challenges Me | I asked you last week to identify the challenges in your practice. I heard cries … | Cathy Moran, Esq. | |
What Did The Lawyer Miss? | Something was missing: the brief on behalf of a creditor with a lien argued vigorously … | Cathy Moran, Esq. | |
What’s Your Next Challenge? | Ever feel like the practice of consumer bankruptcy law resembles crossing the chasm on a … | Cathy Moran, Esq. | |
Friday Freebie | Budget flat? Business slow? How about a federal practice manual, on line, for free? … | Cathy Moran, Esq. | |
Avoid Probate: Lose The Property In Bankruptcy Instead | Whether it’s fear of the cost of lawyers or joinder in probate-phobia, the public’s do-it-yourself … | Cathy Moran, Esq. | |
When The Means Test Is Not So Mean | It isn’t often that the newspaper provides ideas for this site, whose focus is … | Cathy Moran, Esq. | |
Wait, Wait, Don’t File | Three weeks til the New Year and I’m starting to look at each Chapter 13 … | Cathy Moran, Esq. | |
Bankruptcy Advice Lost In Translation | How do you misunderstand me…let me count the ways. A year into a confirmed Chapter … | Cathy Moran, Esq. | |
Two Free Treasures For Bankruptcy Lawyers | Howdy, nice of you to drop in. Now, I’ve got two reasons for you to … | Cathy Moran, Esq. | |
Finding Exemption Gold In The Probate Code | Would you expect to find an exemption applicable in bankruptcy in the probate code? But … | Cathy Moran, Esq. | |
Expect The World, New Bankruptcy Lawyers! | The New York Times challenges us to “Expect The World.” For the new bankruptcy lawyer, … | Cathy Moran, Esq. | |
How Long Can Underwater Lien Hold Its Breath? | What happens to an underwater mortgage after a Chapter 7? That was the sorta metaphysical … | Cathy Moran, Esq. | |
Consumer Is A Bad Word | I’m not usually at a loss for words, but I’m certainly less than excited about … | Cathy Moran, Esq. | |
What Are We Worth As Bankruptcy Lawyers? | I sat with a new client discussing his bankruptcy options, puzzling how to price a … | Cathy Moran, Esq. | |
Tell Them Apart: Exempt and Exclude | New and not so new bankruptcy lawyers muddle the difference between “exempt” and “exclude“. It … | Cathy Moran, Esq. | |
Unfinished Business Of Learning The Law | Every legal seminar needs an extra day, in solitude, to internalize what you’ve “learned”. … | Cathy Moran, Esq. | |
NACBA Workshops A Real High For Bankruptcy Lawyers | The content and the company at NACBA’s fall workshops has me flying. I’ve come off … | Cathy Moran, Esq. | |
Why you should want your competition to become better bankruptcy lawyers | Sounds counter intuitive, doesn’t it? It should be easier to be a stand out if … | Cathy Moran, Esq. | |
Did You Forget Bankruptcy’s Magic Words? | We have an incantation that, uttered when you file the bankruptcy schedules, protects us from … | Cathy Moran, Esq. | |
Courtroom Journal: Hardship Discharge & Rotten Economy | Is the current rotten economy and marginal job skills a circumstance for which a Chapter … | Cathy Moran, Esq. | |
Two Things To Do When The Phone Has Stopped Ringing | If you are lonely as the Maytag repairman in this lull in bankruptcy filings, add … | Cathy Moran, Esq. | |
How To Cope With The Slowdown In Bankruptcy Filings | When you’re really, really busy in the bankruptcy business, you long for some quiet. Fewer … | Cathy Moran, Esq. | |
My Favorite Things About Being A Bankruptcy Lawyer | Lawyers consistently ask me why I became a bankruptcy lawyer. If you’re thinking of diving … | Cathy Moran, Esq. | |
11/11/11 – The Next Big Thing | If you’re interested in improving your practice and profitability then you’ll likely be interested in … | Cathy Moran, Esq. | |
10 Ways The Practice Of Bankruptcy Law Has Changed In 30 Years | Doesn’t every elder’s story about the past begin, “When I was your age…”? It’s not … | Cathy Moran, Esq. | |
Are You The Calculating Type? | I get a surprising number of questions about objecting to claims in a bankruptcy case: … | Cathy Moran, Esq. | |
Labor Day Feel Like New Years? | Over at MoneyHealthCentral, where Jay and I write for consumers about money , I did … | Cathy Moran, Esq. | |
Lien Stripping in Chapter 20 | A debtor’s right to strip off a wholly unsecured lien is not dependent on … | Cathy Moran, Esq. | |
Family, Friends And Chapter 13 | The drafters of the 1978 Bankruptcy Code knew something about the lives of real people … | Cathy Moran, Esq. | |
Include Me Not | Proposed: the word “included” shall be stricken from the vocabulary of any bankruptcy lawyer. A … | Cathy Moran, Esq. | |
The Chapter 13 Plan Light Bulb Moment | Do I have to cure the arrears on the car loan and pay off the … | Cathy Moran, Esq. | |
How To Learn The Truth Behind The Asset | When credit is a commodity, family are friends, and creditors are not, strange things … | Cathy Moran, Esq. | |
Four Ways Around The Chapter 13 Debt Limit | Bankruptcy needs a higher debt limit, too. My topic at the Bar Association of San … | Cathy Moran, Esq. | |
Bankruptcy Relief And Something For Nothing | This rant is for clients, and for bankruptcy lawyers who have to “adjust” the expectations … | Cathy Moran, Esq. | |
A Bankruptcy Lawyer’s Work Is Never Done | Your job isn’t done at confirmation of a Chapter 13 plan. Our clients’ lives keep … | Cathy Moran, Esq. | |
Good Bankruptcy Lawyers Let It All Hang Out | Which bankruptcy schedule does this go on? Can’t tell you how many questions I field … | Cathy Moran, Esq. | |
Lien Stripping And Dueling Appraisers | When the appraisals clash, and the fate of a junior lien of thousands of dollars … | Cathy Moran, Esq. | |
Is There A Shortcut To Learning Bankruptcy Law? | Got a shingle and a hankering to be a bankruptcy lawyer? Need to eat regularly? … | Cathy Moran, Esq. | |
Why Choose Bankruptcy For a Judgment Proof Elder? | Preserving exempt property for the next generation may justify a bankruptcy filing for a judgment … | Cathy Moran, Esq. | |
Bankruptcy Attorney’s Guide To Post Dated Checks | Remember the medieval maps that warned “there be dragons”? In the bankruptcy world, those dragons … | Cathy Moran, Esq. | |
Lessons For Bankruptcy Lawyers In Casey Anthony Trial | There’s only one lesson here: it all turns on the evidence. It is widely believed … | Cathy Moran, Esq. | |
Are You A Potted Plant? | Brendan Sullivan famously explained his role as an attorney in the Iran-Contra hearings by … | Cathy Moran, Esq. | |
Eyes and Ears In The Courtroom | His matter had been called and disposed of earlier in the Chapter 13 calendar. Yet … | Cathy Moran, Esq. | |
Can The McCourts Dodge A Bullet In Dodger Bankruptcy? | The Dodgers’ bankruptcy filing is titillating, involving big time sports, a feud between team … | Cathy Moran, Esq. | |
Cash Collateral Can Crater Bankruptcy Cases And Careers | Want to make a bankruptcy judge go ballistic? It’s easy: demonstrate ignorance or indifference to … | Cathy Moran, Esq. | |
Ring Around Bankruptcy Law: Don’t Fall Down | I read it on the Internet: it must be so. Or not. I found another … | Cathy Moran, Esq. | |
Watch Out For The Ripple Effects of Bankruptcy | No man, and the rare bankruptcy debtor, is an island. He or she comes with … | Cathy Moran, Esq. | |
Beware Predatory Lenders In Sheep’s Clothing | Just when you thought mortgage lender behavior couldn’t get more odious or indifferent, they prove … | Cathy Moran, Esq. | |
Get The Tools You Need | You filed the case. If you’re asking, ” Now, what do I do?“, join me … | Cathy Moran, Esq. | |
The Electronic Shortcut To Perdition | Didn’t someone wise say that the road to hell is paved with good intentions? So, … | Cathy Moran, Esq. | |
Pick Bankruptcy, Take Care of The Tax | The rule that Uncle Sam comes first, in bankruptcy, can be a life saver, even … | Cathy Moran, Esq. | |
Five Reasons To Break Up Couples | Consider that your job as a bankruptcy attorney may be to separate married couples. Huh, … | Cathy Moran, Esq. | |
Are You Throwing Your Bankruptcy Client To The Predators? | Behind every IRS tax audit lurks the state taxing authority. Fail to give the state … | Cathy Moran, Esq. | |
The Bankruptcy Thigh Bone Is Connected To The Hip Bone | The entire mass of information in the bankruptcy schedules is interconnected in ways our clients … | Cathy Moran, Esq. | |
What To Say When You Have No Answer | What do you do when you don’t know the answer to a bankruptcy client’s questions? … | Cathy Moran, Esq. | |
Think Beyond The Means Test | It started as a means test question: could emergency medical expenses be deemed non consumer … | Cathy Moran, Esq. | |
Bankruptcy Cases And Making Change Happen | The axiom that the only thing constant is change certainly applies in the practice of … | Cathy Moran, Esq. | |
Know the Rules of Debt, Divorce & Discharge | Today let’s combine the themes of my last two posts here and talk about the … | Cathy Moran, Esq. | |
Are You Playing Chapter 7 With A Full Deck Of Cards? | If unscheduled assets are discovered by the trustee, can you dismiss a Chapter 7 case? … | Cathy Moran, Esq. | |
Bankruptcy & Divorce: Property Settlements | One change brought by BAPCPA made the choice of chapter in bankruptcy much clearer: the … | Cathy Moran, Esq. | |
Beware The Trustee Carrying Tax Losses | A tax loss carryforward in the hands of a bankruptcy trustee can have results as … | Cathy Moran, Esq. | |
Bankruptcy’s Short Tax Year: Gem Hidden In Plain Sight | Double your tax returns, double your fun? Well, maybe taxes aren’t fun, but they are … | Cathy Moran, Esq. | |
Looking To Be Sued? | Making a special appearance for a colleague has the potential to embroil you in a … | Cathy Moran, Esq. | |
More Tax Refund Tweaks to Thwart Trustees | Checking the client’s prior tax return and grilling the client allowed my partner to find … | Cathy Moran, Esq. | |
What You Need To Know About Converted Cases | “No, Mr. Trustee, you can’t have my client’s tax refund.” Honestly, those have to be … | Cathy Moran, Esq. | |
Getting The Fundamentals | It’s a romantic notion that we can dive into the deep end of the pool … | Cathy Moran, Esq. | |
When It’s Good To Be Abandoned | Quick: what’s § 554? It’s the section that allows any party to move for an … | Cathy Moran, Esq. | |
7 Rules For The 341 Balancing Act | What do you do when a hostile creditor shows up at a 341 meeting, and … | Cathy Moran, Esq. | |
Is Good Service A Vanishing Commodity? | The lack of good service in bankruptcy courts drove Judge Weissbrodt (ND CA) to post … | Cathy Moran, Esq. | |
Heavy Hitters Recommend | Include the terms of an agreed loan modification in the Chapter 13 plan, John Rao … | Cathy Moran, Esq. | |
“I Didn’t Know That” Gem From The Convention | A hardship discharge is available to debtors who are not current on their post petition … | Cathy Moran, Esq. | |
When A Form 1099 Is Fiction | The 1099 form is so well recognized and imbued with authority that it is used … | Cathy Moran, Esq. | |
The Means Test: The Clunker Allowance | As if the means test wasn’t illogical and opaque enough, consider the unwritten provision for … | Cathy Moran, Esq. | |
Know The First Rule For Bankruptcy Forms | Now retired Judge Jaroslavsky popped this question on a room full of new bankruptcy lawyers: … | Cathy Moran, Esq. | |
The Means Test: Where The Blind Lead The Sighted | The people who sit in judgment on the adequacy of your b-22 and your means … | Cathy Moran, Esq. | |
The $1000 Word | Word choice in a fee application cost a Chapter 13 lawyer $1000 yesterday. We all … | Cathy Moran, Esq. | |
Beware The Taxes That Follow Foreclosure | Who cares about stopping the foreclosure, it’s stopping the tax that results from foreclosure. It’s … | Cathy Moran, Esq. | |
The Real Truth About Bankruptcy Lawyers & Clients | We live in two different worlds, the client and the bankruptcy attorney. “Creditors”, for debtors, … | Cathy Moran, Esq. | |
End Run On Chapter 7 Trustee | I found one more reason to file 13 when there MAY be non exempt equity. … | Cathy Moran, Esq. | |
The Price Is Not Right | Value, like beauty, is in the eye of the beholder. The value of the debtor’s … | Cathy Moran, Esq. | |
Automate Yourself Straight To Bankruptcy Malpractice | The debtor’s attorney had him input the schedules through a subscription “bankruptcy interview” website, printed … | Cathy Moran, Esq. | |
4 Ways To Know If You’ve Got A Bankruptcy Preference Problem | When should the debtor care about preferences? When it was family or they are filing … | Cathy Moran, Esq. | |
How Much Of Your Client Are You Exposing? | Do you meekly send your client’s tax return to creditors at their request? Two different … | Cathy Moran, Esq. | |
Here’s How To Charge More For A “Simple” Bankruptcy Case | Client buy- in and time records saved a Florida bankruptcy attorney from disgorging fees twice … | Cathy Moran, Esq. | |
Why A Successful Fee Application Needs A Story | Newly appointed to the bench, the young judge considering a calendar of fee applications complained … | Cathy Moran, Esq. | |
Perils Of The Courtroom | The judge approved my fee application for another $8,000 in a Chapter 13 that was … | Cathy Moran, Esq. | |
When It Doesn’t Add Up | It wasn’t a week after my friend Fredrick’s presentation on due diligence for bankruptcy lawyers … | Cathy Moran, Esq. | |
Five Steps To Due Diligence | Our professional well being and the successful outcome of the client’s case may well depend … | Cathy Moran, Esq. | |
A Tax Reminder for Chapter 13 Debtors | Don’t let your client forget to look at the Chapter 13 trustee’s disbursements in the … | Cathy Moran, Esq. | |
10 Clues in The Debtor’s Tax Return | Vital information lurks in the debtor’s tax return. Are you flushing that information out and … | Cathy Moran, Esq. | |
Don’t Take The Client At His Word | Given all the energy bankruptcy lawyers spend extracting information from clients, it’s discordant to point … | Cathy Moran, Esq. | |
Get Exemption Claims Under The Limit | The rookie bankruptcy lawyer was clearly proficient at math, but forgot the bankruptcy administration end … | Cathy Moran, Esq. | |
How To Enforce The Discharge Injunction | Every once in a while, courts tell us explicitly how to do things. The 9th … | Cathy Moran, Esq. | |
What The Bankruptcy Trustee Hopes You Forget | Remember the float? Your client’s check book balance may not be the funds on hand … | Cathy Moran, Esq. | |
2010 Tax Return Imperative in Chapter 13 | Got to file the 2010 tax return to get your Chapter 13 plan confirmed is … | Cathy Moran, Esq. | |
Find The Avoidable Transfers Before Trustee Does | Remember “Where’s Waldo”? As a bankruptcy lawyer, can you pick the transfer out of the … | Cathy Moran, Esq. | |
Roadmap To Car Value | When the judge’s response to a dispute about a vehicle’s value is to hold an … | Cathy Moran, Esq. | |
The Best MCLE Hour Ever | I’ve been admitted to the bar in California for 33 years and for most of … | Cathy Moran, Esq. | |
Use The Real Tax Due Date For Means Test | Californians: did you know property taxes were due earlier this week? Huh? you say. Property … | Cathy Moran, Esq. | |
Differing Dollars In Chapter 13 Plan vs. Claim | Who wins when the mortgage arrearages in the Chapter 13 plan are less than the … | Cathy Moran, Esq. | |
On The Trail of The Involuntary Lien | If you just ask the client for a bill from each creditor, you stand to … | Cathy Moran, Esq. | |
Case of the Naked Client | The bankruptcy petition came to my desk for review with no entry for “clothing and … | Cathy Moran, Esq. | |
Business Partners: Another Phantom Creditor | After the discharge, the debtor wondered how her agreement with a former business partner to … | Cathy Moran, Esq. | |
Case Closed: Too Soon | Do I have to wait til the bankruptcy discharge is entered to avoid a lien … | Cathy Moran, Esq. | |
Writer’s Block And The Bankruptcy Schedules | Comes the plaintive call on the phone: how do I list this? Faced with a … | Cathy Moran, Esq. | |
What Goes In The Chapter 13 Pot | The rookie bankruptcy lawyer called up to ask if the Chapter 13 plan had to … | Cathy Moran, Esq. | |
Small Business Can Be Big Trouble | The newbies in my neighborhood have had a vigorous online debate about the risks in … | Cathy Moran, Esq. | |
Welcome New Year | It’s 6:30 am and I’m anxious to get to my office to implement the improvements … | Cathy Moran, Esq. | |
Resolutions | It’s time to start considering resolutions for the New Year. I find I’m not very … | Cathy Moran, Esq. | |
Earmark Tax Payments | Did you know that a taxpayer making a voluntary payment to the IRS can designate … | Cathy Moran, Esq. | |
Flush Out Client Misinformation | After you’ve gasped and giggled at the misleading bankruptcy information spotlighted here earlier, there is … | Cathy Moran, Esq. | |
Blog Heaven | On the off chance you want to read something other than this blog <g>, may … | Cathy Moran, Esq. | |
Produce Real Evidence In Bankruptcy Disputes | More lawyering for faster confirmation of Chapter 13 cases was the advice. The newest judge … | Cathy Moran, Esq. | |
Near Sighted Leading the Blind | When a trainer of bankruptcy paralegals writes about clients failing the Chapter 13 means test, … | Cathy Moran, Esq. | |
Amended Bankruptcy Rule Provides More Time | One of the traps for debtors instituted with BAPCPA is the provision that an individual’s … | Cathy Moran, Esq. | |
Ask “Why Me?” When It’s Chapter 11 | Young bankruptcy attorney was approached to file a Chapter 11 for an LLC developing a … | Cathy Moran, Esq. | |
Household Size Vanishes From Means Test Form | Drafters of the official bankruptcy forms have excised “household size” from the B-22 where we … | Cathy Moran, Esq. | |
Rich Personal Finance Resource For Clients | Introduce your clients to Money Health Central, a sound source of ideas and tools for … | Cathy Moran, Esq. | |
Swimming Upstream Against The Current of Client Optimism | Inflated value provided by client in bankruptcy schedules comes back to bite debtor when Chapter … | Cathy Moran, Esq. | |
Taxes, Bankruptcy & The New Year | Consider delaying the filing of Chapter 13 cases where the debtor expects to owe taxes … | Cathy Moran, Esq. | |
Where Are The Answers For The Consumer Bankruptcy Lawyer? | Tell me what to read if my client has Issue A, and what to read … | Cathy Moran, Esq. | |
The Rules Change | December 1, the Federal Rules of Bankruptcy Procedure change. If you can’t tell the players … | Cathy Moran, Esq. | |
Thanks Be | Professionally, what am I thankful for? I’m thankful for experience and a skill set useful … | Cathy Moran, Esq. | |
Consumer Debt Label Matters in 13 | Consumer debt? Non consumer debt? Have mostly non consumer debt and you get a pass … | Cathy Moran, Esq. | |
What’s Hardest Part Of Being New To Bankruptcy? | How about we reverse the flow of information here and you tell me what the … | Cathy Moran, Esq. | |
Number One Reason to Avoid Taking a Chapter 11 | Put aside inexperience: the most important reason not to take on a Chapter 11 is … | Cathy Moran, Esq. | |
Really Subtle Trick For Discharging Taxes | While the IRS shows the early withdrawal penalty for taking money from an IRA as … | Cathy Moran, Esq. | |
Meet Me in Puerto Rico | Dateline: San Francisco International Airport I’m leaving on a jet plane, to coin a phrase<g>, … | Cathy Moran, Esq. | |
Twelve Ways to Tweak Schedule J | When the debtor’s Schedules J shows a significant number on the bottom line, that “excess income” … | Cathy Moran, Esq. | |
New Bankruptcy Lawyers – Beware Strangers With Candy | Concern for bankruptcy clients who weren’t well represented by brand new bankruptcy lawyers got me … | Cathy Moran, Esq. | |
The Mystery Of The Disappearing Means Test Deduction | Just when you thought you figured out the means test, a debtor throws you a … | Cathy Moran, Esq. | |
Means Test: Mean and Meaningless | Years after BAPCPA became law, I’m still grinding my teeth about the inanity of the … | Cathy Moran, Esq. | |
Means Test: Getting Business Income Correct | I expect clients to conflate themselves and their wholly owned business corporation; I didn’t expect … | Cathy Moran, Esq. | |
Means Test & The Exemption See-Saw | What can my client do with non exempt cash or readily saleable items not protected … | Cathy Moran, Esq. | |
Means Test Income And The Annual Bonus | The means test can be seen as a simple form in your bankruptcy petition preparation … | Cathy Moran, Esq. | |
Clients, Competence & Perjury | The schedules are signed under penalty of perjury. Just for certainty, let me say it … | Cathy Moran, Esq. | |
Counting to 90 | This week I have apparently discovered bankruptcy lawyers who can’t count to 90. Amazing, isn’t … | Cathy Moran, Esq. | |
Primer on Reaffirmation Agreements | Every Chapter 7 case with a car loan presents a reaffirmation dilemma. Should the client … | Cathy Moran, Esq. | |
Means Test: Encouraged to Screw Up | With the influx of new personnel at the trustee’s office, I’m seeing more flat wrong … | Cathy Moran, Esq. | |
Four Means Test Mistakes: Taxes | Are you guilty of any of these means test mistakes dealing with taxes? Using the … | Cathy Moran, Esq. | |
Means Test: Good Enough Isn’t Good Enough | Early in the life of BAPCPA, I sat down to review a means test with … | Cathy Moran, Esq. | |
Maximizing the Initial Client Interview | The first meeting with a bankruptcy prospect is the best and hardest work I do. … | Cathy Moran, Esq. | |
Newbie Summer Reading: Rake v. Wade | One more case before summer’s over: Rake v. Wade. This one is interesting because it … | Cathy Moran, Esq. | |
Bankruptcy and Offers in Compromise | This one is for Lex and Gail and follows up on Peeling the Onion, about … | Cathy Moran, Esq. | |
Breaking Up Earlier Rather Than Later | I ended up representing a crazy because I had an attorney/client relationship with him when … | Cathy Moran, Esq. | |
Newbie Summer Reading: How Lamie | Bankruptcy cases you need to know by name include Lamie, the Supreme Court’s 2004 pronouncement … | Cathy Moran, Esq. | |
Solo Attorney’s How To Guide | Learn how to evaluate a case in 15 minutes; how to decide whether to give … | Cathy Moran, Esq. | |
Get Your General Ed Credits, Too | Rookie bankruptcy lawyers could do worse than go the California State Bar Convention for a … | Cathy Moran, Esq. | |
I Flunked Mindreading | For six months, I’ve been writing this blog for newish bankruptcy lawyers, trying to imagine … | Cathy Moran, Esq. | |
Client as Onion: Peeling Down To The Core | When we finally got there, the client’s reluctance to wait 8 weeks to file bankruptcy … | Cathy Moran, Esq. | |
Bankruptcy Cases One At A Time | Have you encountered the St. Johns University Law School bankruptcy case blog? On line, free, … | Cathy Moran, Esq. | |
Financial Information for Financially Stressed | Five friends and I launched a new personal finance site today Money Health Central where … | Cathy Moran, Esq. | |
The Many Hats of a Bankruptcy Lawyer | Lee Rosen, a well known family lawyer, described the demands of his practice thus: … | Cathy Moran, Esq. | |
Bankruptcy Lawyer’s Weapon of Choice | How do you make your first assault on a contested matter in bankruptcy? Pick up … | Cathy Moran, Esq. | |
Newbie Summer Reading: Rash | Is the value of the secured creditor’s claim in a Chapter 13 cramdown what the … | Cathy Moran, Esq. | |
But She’s Not a Creditor! | An unliquidated tort cause of action is just as much a “claim” for bankruptcy purposes … | Cathy Moran, Esq. | |
Newbie Summer Reading: Johnson v. Home State Bank | After a Chapter 7 discharge, is there anything left of a mortgage to reorganize in … | Cathy Moran, Esq. | |
Lien on Phantom Property Upsets Debt Totals | Merely having a lien doesn’t make a lender a secured creditor for Chapter 13 eligibility … | Cathy Moran, Esq. | |
Clients to avoid: those with bankruptcy-adverse spouses | Do you scope out the world view of your prospect’s non filing spouse? I didn’t … | Cathy Moran, Esq. | |
A Bankruptcy Exemption Planning Basic | The most elemental exemption planning tool is to save exempt assets while consuming non exempt … | Cathy Moran, Esq. | |
Who Needs To Learn More Bankruptcy Law? | Since the Fundamentals of Bankruptcy course came out, I’ve talked with a number of new … | Cathy Moran, Esq. | |
Bankruptcy Lawyers Needn’t Predict The Future | Do you feel exposed when bankruptcy clients ask about how filing will impact their ability … | Cathy Moran, Esq. | |
Client Horror Story Contains An Asset Of The Bankruptcy Estate | Do you recognize your client’s tale of woe with prior professionals or not-so-professionals as signs … | Cathy Moran, Esq. | |
Having “The Talk” With Bankruptcy Clients | Are you prepared to boldly go where no outsider has gone before and challenge the … | Cathy Moran, Esq. | |
What, Me Worry? | Do you think I worry about these issues too much? the rookie bankruptcy lawyer asked … | Cathy Moran, Esq. | |
Newbie Summer Reading: Dewsnup | Ever wonder why we can’t strip off unsecured consensual liens in Chapter 7? Meet Mrs. … | Cathy Moran, Esq. | |
Bankruptcy Estate & The Realtor’s Open Escrow | How can bankruptcy trustee’s demand the debtor’s real estate commission from escrows open when the … | Cathy Moran, Esq. | |
When Delaying The Discharge May Benefit The Debtor | Ever read, much less used, FRBP 4004(c)(2)? Have to say I’d done neither until Judge … | Cathy Moran, Esq. | |
Means Test Double Checks | How do the means test health care numbers relate to the same expenses on I … | Cathy Moran, Esq. | |
The Unrecoverable Bankruptcy Mistake | Which of the blunders by prior counsel in Chapter 13 threaten a problem for which … | Cathy Moran, Esq. | |
Do I Have To Read All The Code First? | Following the announcement of a class I was to teach on bankruptcy fundamentals, a reader called … | Cathy Moran, Esq. | |
Lien Stripping & Service On The Bank | By the end of the afternoon, the judge was pretty tired of turning down lien … | Cathy Moran, Esq. | |
The Evolution Of A Bankruptcy Lawyer | Every contrivance of man, every tool, every instrument, every utensil, every article designed for use, … | Cathy Moran, Esq. | |
Self Education: Risky Stuff for Rookie Bankruptcy Lawyer | The usual road to a good education is to seek out the best teacher or … | Cathy Moran, Esq. | |
Warning Signs Of A Complex Bankruptcy Case Exposed In The Consultation | Is an initial consultation an opportunity to prevent problems later on in the case? Should … | Cathy Moran, Esq. | |
Learning Bankruptcy On The Job Victimizes Clients | I admit, up front , that I’m steamed. The clients in my office have a … | Cathy Moran, Esq. | |
Learn Bankruptcy Shorthand: Till | Part of the lingo of bankruptcy practitioners are the names of notable bankruptcy cases that … | Cathy Moran, Esq. | |
Don’t Fall for Excluding the Business Credit Card | Business owners facing bankruptcy are often firmly convinced that only their business is liable for … | Cathy Moran, Esq. | |
Bankruptcy Debtors: Beware the Bank | Do you ask your prospective bankruptcy clients where they bank? It matters, you know, if … | Cathy Moran, Esq. | |
Bankruptcy Planning & The Means Test | The rookie bankruptcy lawyer reported her client had borrowed from his 401(k) and proposed to … | Cathy Moran, Esq. | |
6 Basic Points About Tax Liens in Bankruptcy | Everywhere I’ve looked this week, new bankruptcy lawyers are struggling with client tax liens. Here’s … | Cathy Moran, Esq. | |
Bankruptcy Checklist: Social Security Numbers | Do you check the client’s proffered Social Security number against the number on their … | Cathy Moran, Esq. | |
Bankruptcy Notice: Scream or Die | Add to your bankruptcy phrase book: ” notice on a scream or die basis.” This … | Cathy Moran, Esq. | |
Bankruptcy Abuse & Schedule J | The debtor passed the means test but lost a motion to dismiss for abuse of … | Cathy Moran, Esq. | |
Bankruptcy Schedules Call For Payoff Balance | Bankruptcy debtors hear something different when their lawyer asks, “What do you owe on your … | Cathy Moran, Esq. | |
Bankruptcy’s 3 Year Rule for Taxes | Taxes are dischargeable in bankruptcy once they meet the 3 year rule. Don’t get swept … | Cathy Moran, Esq. | |
Learn the Bankruptcy Lingo: Pots & Percentages | While we’re learning to “walk the walk”, we might as well learn to “talk the … | Cathy Moran, Esq. | |
Bankruptcy Exemption Mistakes Feed Trustee Coffers | Bankruptcy lawyers who mess up claims of exemptions were the other target of the trustee’s … | Cathy Moran, Esq. | |
New Bankruptcy Lawyers Targeted by Trustee | Chapter 7 trustees plan to sue debtor’s lawyers for undisclosed assets, I was told yesterday. … | Cathy Moran, Esq. | |
Bankruptcy Contested Matters: Won by Showing Up | Sometimes bankruptcy litigation is won by simple persistence. As Woody Allen says “80% of … | Cathy Moran, Esq. | |
Bankruptcy Exemptions: 10 Ways to Deal with Excess Cash | Bankruptcy lawyers occasionally are confronted with the client with more cash, or other marketable assets, … | Cathy Moran, Esq. | |
Bankruptcy’s Means Test Doesn’t Apply to All | New bankruptcy lawyers sometimes forget in the flurry over getting the means test right that … | Cathy Moran, Esq. | |
Assets in Bankruptcy Pose Valuation Issues | A bankruptcy lawyer seems to often have the unpleasant task of telling a debtor that … | Cathy Moran, Esq. | |
Bankruptcy Procedure Question? Ask a Clerk | The bankruptcy judge ordered me to get the signature of an absent party on the … | Cathy Moran, Esq. | |
Develop a Bankruptcy Filing Checklist | As bankruptcy lawyers, we don’t usually face the life and death situations that doctors do, … | Cathy Moran, Esq. | |
Discharging Taxes in Bankruptcy: This Year’s Trap | Income taxes are dischargeable in bankruptcy if they meet the three year rule; the two … | Cathy Moran, Esq. | |
Alternative to Bankruptcy: Do Nothing | Bankruptcy lawyers sometimes forget: not everyone worried about debt actually needs to file bankruptcy. The … | Cathy Moran, Esq. | |
Taxes Owed from Day One of New Year | April 15th is so ingrained in our thinking as Tax Day that it’s easy to … | Cathy Moran, Esq. | |
Beware the Emergency Bankruptcy Filing | Real danger for client and lawyer lurks in the emergency bankruptcy petition: File without all … | Cathy Moran, Esq. | |
Do Your Bankruptcy Schedules Tell the Client’s Story? | The last check before you file your client’s bankruptcy schedules should be a step back … | Cathy Moran, Esq. | |
Exemption Choices for the Recently Mobile | Old and new consumer bankruptcy lawyers have a treasure in John Bates’ masterpiece on the … | Cathy Moran, Esq. | |
Means Test & Creditors Claims: Enough is Enough | When the means test projected disposable income number is greater than 100% of the unsecured … | Cathy Moran, Esq. | |
When To File Bankruptcy | When to file bankruptcy turns out to be just as important as whether to file. … | Cathy Moran, Esq. | |
Getting the Most from the Means Test | When the means test look-back period for a well paid individual includes the end of … | Cathy Moran, Esq. | |
Fixing the Omission from the Schedules | Twice yesterday new bankruptcy practitioners asked about how to deal with debts or assets not … | Cathy Moran, Esq. | |
Head Start on Bankruptcy Research | Have you found Judge Randall Newsome’s bankruptcy research binder on the Northern District Bankruptcy Court’s … | Cathy Moran, Esq. | |
Bankruptcy Schedules Look Forward and Backward | New bankruptcy lawyers are often frustrated by the internal inconsistencies required by the “reformed” Bankruptcy … | Cathy Moran, Esq. | |
Answer to Every Question Starts in the Code | If Jews, Muslims, and Christians are People of the Book, we, as bankruptcy lawyers, are, … | Cathy Moran, Esq. | |
Exemptions & Property of the Estate | Sometimes, as an inexperienced bankruptcy lawyer, it’s hard to get your head around the idea … | Cathy Moran, Esq. | |
Track Down All The Client’s Creditors | While a new client may seek out a bankruptcy lawyer when they are served with … | Cathy Moran, Esq. | |
Convert, Don’t Dismiss, That Bankruptcy Case | Young lawyers just learning bankruptcy practice seem to have missed the portions of the Bankruptcy … | Cathy Moran, Esq. | |
Bankruptcy Cases Not Predictably Simple | I’ve been aghast at the willingness of lawyers brand new to bankruptcy practice to take … | Cathy Moran, Esq. | |
Surrendering Property in Bankruptcy | Apart from Selling your home in a stress-free manner, many things are revolving around properties … | Cathy Moran, Esq. | |
New Bankruptcy Lawyers, Google On | Lawyers setting up a new bankruptcy practice often want to know which of the legal … | Cathy Moran, Esq. | |
Beyond The Client’s Preconceptions | The clients were in my office considering bankruptcy because of nasty litigation approaching trial. While … | Cathy Moran, Esq. | |
Attorney as added-value at 341 meeting | The lawyer’s presence at the 341 meeting often seems superfluous. A good 341 meeting is … | Cathy Moran, Esq. | |
Struggling with “adequate protection” | The bankruptcy code seems strangely inarticulate about adequate protection: what are we protecting and how … | Cathy Moran, Esq. | |
Notice Key to Bankruptcy Success | Who should I give notice to, the young bankruptcy lawyer asked, the creditor who had … | Cathy Moran, Esq. | |
Fine Time to be a New Bankruptcy Lawyer | The internet has transformed the learning curve for lawyers new to bankruptcy. Bankruptcy is a … | Cathy Moran, Esq. |