What we know so far about domestic support obligations in bankruptcy is that they are non dischargeable and the bankruptcy court has the last word as to what is and is not support. But we just scratched the surface in looking at support when we considered obligations from one spouse to another. Debts owed to […]
Getting Means Test Tax Projections Right
The means test tax deduction offers fertile ground for passing the means test. But mention tax calculations to a bankruptcy attorney and 7 out of 10 freeze on the spot. I’m not a tax attorney, they retort. That’s right, but, if you are a bankruptcy attorney, that doesn’t relieve you from knowing enough tax to […]
When Chapter 13 Debtors Run Amok
We’ve had a string of them…. [Hint: in a small practice, a “string” means “three. ” ] But three clients in the past month with confirmed Chapter 13 plans have contracted to sell their homes without mentioning it to us, their attorneys. The degree of chaos varied: inadequate time to get approval of the sale from the […]
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 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 […]
