Bankruptcy Mastery

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Jump Start Your Bankruptcy Research

By Cathy Moran, Esq. Filed Under: Bankruptcy Practice

bankruptcy research

The next best thing to being a fly on the wall in the judge’s chambers is having a copy of her cheat-sheet. Or maybe it’s better described as the overview and the starting point for the next bankruptcy decision. So, don’t forget about Judge Newsom (Retired) & Judge Novack’s bankruptcy research binder available on line. […]

Filed Under: Bankruptcy Practice Tagged With: 2017

They’re Changing the Rules On Us

By Cathy Moran, Esq. Filed Under: Bankruptcy Practice

new bankruptcy rules

Come December, the Bankruptcy Rules will change again. So, I’ve got a shout out to Chapter 13 Trustee Beverly Burden who created a great table of the changes. Her chart includes the What, When, Where, and How, but also her comments on the effect of the change. I can add nothing to her great work, […]

Filed Under: Bankruptcy Practice Tagged With: 2017

Cautionary Tale re Bankruptcy, Attorneys and Notice

By Cathy Moran, Esq. Filed Under: Bankruptcy Practice

bankruptcy notice

How often has your bankruptcy client presented you with a copy of a complaint or an abstract of judgment for inclusion in their list of creditors? On the face of the pleading, you have the name and mailing address of the creditor’s lawyer. But is that good enough for a bankruptcy discharge? A recent case […]

Filed Under: Bankruptcy Practice

Untangling The Converted Bankruptcy Case

By Cathy Moran, Esq. Filed Under: Bankruptcy Practice, Chapter 13, Counseling clients

Conversion to Chapter 7 from Chapter 13 usually comes amid some sort of train wreck. The debtor has defaulted on plan payments, decided to surrender the house, or even got a loan modification that allows him to keep the house. Often, there is pressure to convert the case before it is dismissed. In the bustle, […]

Filed Under: Bankruptcy Practice, Chapter 13, Counseling clients Tagged With: conversion

Unfair Loan Modification Practices Rejected By 9th Circuit

By Cathy Moran, Esq. Filed Under: Bankruptcy Practice, Cases new & significant, Real property

bank lies

  Promising a loan modification and failing to deliver, after pocketing trial mod payments, isn’t fair, said the 9th Circuit in Oskoui. And if it isn’t fair, it can be actionable under California’s Unfair Competition Law (B&P 17200). Not to mention constituting a breach of contract. Thus, there do seem to be some limits on […]

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

Picking Your Chapter 11 Teammates

By Cathy Moran, Esq. Filed Under: Bankruptcy Practice

Professionals in Chapter 11 have to be “disinterested“;  make sure they are also capable. You should read this post here if you are keen about taxes. In two recent cases, the estate has employed professionals connected to the debtor in his pre filing past. It’s often the case that accountants and tax preparers come with […]

Filed Under: Bankruptcy Practice

What Keeps Me Busy

By Cathy Moran, Esq. Filed Under: Bankruptcy Practice

The number of new cases through my doors is down, just like it is everywhere. But I’m staying busy.   Busier some days than I would like to be. I thought it might be fun to look at the change in the composition of my cases over the past two years. More complicated cases There […]

Filed Under: Bankruptcy Practice

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