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Win Now, Wreck Later: A Tale of Bankruptcy and Mortgage Servicing

By Cathy Moran, Esq. Filed Under: Bankruptcy Practice

My Google Alert popped up a lovely win for a Chapter 13 homeowner , but all I could see was the train wreck that lies ahead. The bankruptcy court ruled that the confirmed (and completed) plan trumped a late-filed mortgage proof of claim. Payment of the amount provided in the plan cured the prepetition arrearage. […]

Filed Under: Bankruptcy Practice Tagged With: 2019, mortgage servicing, Rule 3002.1

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 […]

Filed Under: Bankruptcy Practice

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 […]

Filed Under: Before filing, Start Here Tagged With: bankruptcy schedules, client disclosure, petition preparation

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 […]

Filed Under: Bankruptcy Practice Tagged With: bankruptcy alternative, Chapter 13, tax

Prompt Full Disclosure from Bankruptcy Clients

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

interview trick

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 […]

Filed Under: Before filing, lawyer skills, Start Here

IRS Trick I’d Never Seen Before

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

IRS excise tax

The third amended IRS claim in my client’s case added entries for an excise tax for 2015 and 2016. Excise tax?  New one on me where the debtor was a general contractor. I called the IRS agent on the POC for some hints as to what the tax was all about .  I needed to […]

Filed Under: Bankruptcy Practice, Tax

Up Against The Wall(design)

By Wayne Silver Filed Under: Bankruptcy Practice, Cases new & significant

fraudulent transfers

Bankruptcy’s avoiding powers often turn otherwise unexceptional transfers on their heads. But who expected that an unsuspecting business would have to disgorge nine years of honestly earned payments because the customer paid with a check on his LLC? Welcome to the 9th Circuit’s decision in Walldesign. Paid with someone else’s money For nearly a decade,  […]

Filed Under: Bankruptcy Practice, Cases new & significant Tagged With: 2017

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