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The Complex World Of Interspousal Claims In Bankruptcy

By Cathy Moran, Esq. Filed Under: Family Law in Bankruptcy

discharge spousal claims

Traps and grey areas abound when one spouse files bankruptcy during or after a divorce. Inattention by the non-filing spouse can result in the bankruptcy discharge of spousal claims that might actually be nondischargeable. One of those traps involves the differing treatment in bankruptcy of debts to a former spouse incurred in the course of […]

Filed Under: Family Law in Bankruptcy Tagged With: 2022, divorce, ex-spouse

Lien Avoidance In Bankruptcy: The Questions You Need To Answer

By Cathy Moran, Esq. Filed Under: Bankruptcy Practice, Exemptions

lien avoidance tool box

Black letter law says liens pass through bankruptcy unchanged. But the better statement adds a single word: unless. Liens survive bankruptcy intact unless….unless you take some action to void them. One tool to void liens lives in §522(f). Its location in Chapter 5 tells you that it’s available to any individual debtor who is entitled […]

Filed Under: Bankruptcy Practice, Exemptions Tagged With: 2022, impair exemption, lien avoidance

Lenders Can’t Hide From Misapplication of Mortgage Payments

By Cathy Moran, Esq. Filed Under: Rule 3002.1

mortgage accounting

Who knew 20 years ago how apparently hard it is to account for money paid to you? Even if accounting for money was your business? Today’s raft of mortgage accounting issues were not ones I foresaw when I became a bankruptcy lawyer. Yet every day we encounter cases where the foreclosure notice follows the “all […]

Filed Under: Rule 3002.1

Between the 1st and the 15th: Is Mortgage Current?

By Cathy Moran, Esq. Filed Under: Real property

mortgage payment

The no man’s land between the mortgage due date and late payment is a persistent trouble spot for Chapter 13 practitioners: Are there arrears when the case is filed during the grace period and the payment made before it was late? In Borre, Judge Ronald Sargis of ED CA said no. He held that the […]

Filed Under: Real property Tagged With: 2022, arrears, mortgage

Your Duty of Loyalty And Married Clients

By Cathy Moran, Esq. Filed Under: Counseling clients, Family Law in Bankruptcy

conflicts with spouses

 Are your loyalties divided When a married couple books a bankruptcy consultation, you have an immediate problem: There be dragons, as early map makers helpfully provided. Because, as a lawyer friend of mine says:   Anytime there are two people sitting across from you, you have a conflict of interest. That pithy expression has stuck […]

Filed Under: Counseling clients, Family Law in Bankruptcy Tagged With: 2021, ethics, professional responsibility

Taxes & Timing: Calculating Outcomes for Bankruptcy Debtors

By Cathy Moran, Esq. Filed Under: Tax

bankruptcy tax refund

Bankruptcy lawyers regularly evaluate the dischargeability of taxes when deciding when to file a client’s bankruptcy case. At base, the 3 year rule, the 2 year rule, and the 240 day rule routinely drive timing of a bankruptcy. But as we approach the end of the tax year, a client’s current year tax situation becomes […]

Filed Under: Tax Tagged With: 2019

All Bankruptcy Roads Pass Through Chapter 5

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

bankruptcy options

Regardless of the ultimate destination, all bankruptcy roads lead through Chapter 5. A few bankruptcy cases are derailed there. Because Chapter 5 provisions tell you what comes into the bankruptcy estate, what can be exempted, and what can be changed using Chapter 5. Sometimes the results tell you that bankruptcy is not the right choice […]

Filed Under: Before filing, Start Here

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