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Chapter 13 Trustee Makes A Christmas List

By Cathy Moran, Esq. Filed Under: Bankruptcy Practice

OK, so I’m behind.  Christmas was three weeks ago. I’m just getting around to sharing with you my Chapter 13 trustee’s Wish List for 2012, which she announced  at our bankruptcy bar’s Christmas party. The fact that she has to “ask” us to do what the Code says we must speaks volumes about the attention […]

Filed Under: Bankruptcy Practice

Do You Know Bankruptcy’s Three Little Words?

By Cathy Moran, Esq. Filed Under: Bankruptcy Practice

Bankruptcy's Three Very Important Little Words

  They’re not “I love you” or even “I am sorry”. They’re bequest, devise, and inheritance from §541(a)(5)(A). Any interest in property that would have been property of the estate if such interest had been an interest of the debtor on the date of the filing of the petition, and that the debtor acquires or […]

Filed Under: Bankruptcy Practice

Name That Exemption

By Cathy Moran, Esq. Filed Under: Exemptions

Federal bankruptcy exemptions

OK, readers.  It’s time for a pop quiz. How many non bankruptcy, federal exemptions can you name? 1. 2. 3. If you didn’t get past the exemption for Social Security, read on. Section 522 (b)(3)(a) provides that a debtor who elects the applicable state law exemptions can also exempt property under  federal, non bankruptcy exemptions.  […]

Filed Under: Exemptions

New Year’s Resolutions: What Challenges Me

By Cathy Moran, Esq. Filed Under: Bankruptcy Practice

I asked you last week to identify the challenges in your practice.  I heard cries for more clients, for mentors, for new skill sets. Turning the focus around, I thought about what I wanted to do differently or better this year in my practice.  Here’s my list. Communicate the bankruptcy grounds rules to clients more […]

Filed Under: Bankruptcy Practice

What Did The Lawyer Miss?

By Cathy Moran, Esq. Filed Under: Bankruptcy Practice

Something missing

Something was missing:  the brief on behalf of a creditor with a lien argued vigorously that the lien couldn’t be stripped in a Chapter 13 in which no discharge was available. Silence  as to the other side of the argument. The one sided brief resulted in not only a loss on the client’s issue, but […]

Filed Under: Bankruptcy Practice

What’s Your Next Challenge?

By Cathy Moran, Esq. Filed Under: Bankruptcy Practice

Rope bridge over the bankruptcy chasm

Ever feel like the practice of consumer bankruptcy law resembles crossing the chasm on a rope bridge? In the dark? I assure you, you are not alone. In one of my first contested matters in bankruptcy, probably within 18 months of passing the bar,  and  the same distance from adoption of  the Bankruptcy Code,  I […]

Filed Under: Bankruptcy Practice

Friday Freebie

By Cathy Moran, Esq. Filed Under: Bankruptcy Practice

Federal Practice Manual Free Online

  Budget flat?  Business slow?  How about a federal practice manual, on line, for free? Check out the Federal Practice Manual for Legal Aid Attorneys.  It’s not shopworn:  we don’t have enough of those legal aid heroes to smudge the pages. To expand your bankruptcy practice beyond drafting schedules, you need litigation skills.  Here’s a […]

Filed Under: Bankruptcy Practice

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