Bankruptcy Mastery

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Bankruptcy and the “hard of hearing”

By Cathy Moran, Esq. Filed Under: Before filing, Counseling clients

hard of hearing

  You never know just how a client hears your advice, until you hear yourself quoted back to yourself as the reason for a client doing something stupid. In my case, I’m unclear about whether the message received was really as reported, but it’s made me think about my choice of words. I was asked […]

Filed Under: Before filing, Counseling clients Tagged With: 2024, client counseling

The Neglected Non-dischargeability Provision

By Cathy Moran, Esq. Filed Under: Counseling clients

taxes on credit card

Hands up, everyone who has encountered a claim that a debt is non-dischargeable by reason of §523(a)(14). That’s what I thought: nada, or next thing to it. Despite watching for it, I hadn’t seen one til this year when AmEx filed an adversary in a case in which I was peripherally involved. My copy of […]

Filed Under: Counseling clients Tagged With: 2023, credit card, dischargeability, taxes

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

One Trait Makes A Bankruptcy Lawyer Great

By Cathy Moran, Esq. Filed Under: Counseling clients, lawyer skills

standout bankruptcy lawyer

One trait makes a bankruptcy attorney stand out. Bankruptcy forms promote the view that filing a case is just recording what the debtor owns and owes today.  If all you focus on is the here and now, you can assemble a bankruptcy petition. But if there is one, uniform failing in average bankruptcy lawyers, it’s that […]

Filed Under: Counseling clients, lawyer skills

Reaffirmations Impose Impossible Demands On Bankruptcy Counsel

By Cathy Moran, Esq. Filed Under: Counseling clients

reaffirmation presents problems

When BAPCA gutted the ipso facto clause, reaffirmation was left as the only way a debtor could be assured of retaining his wheels. Car lenders took sides back then, then changed sides, on whether they would automatically repossess a vehicle when the debt was not reaffirmed. Some wanted the in terrorem effect of losing the […]

Filed Under: Counseling clients

Charting The Course of A Case

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

Planning the bankruptcy often determines whether the case succeeds or fails. To obtain good results for a bankruptcy client, sometimes you have to serve up unpleasant news and force the client to swallow that bitter pill. Hum a chorus of You Can’t Always Get What You Want. Of course, you can’t really force them to […]

Filed Under: Before filing, Counseling clients, Start Here

Bankruptcy as Means to Keep the House

By Cathy Moran, Esq. Filed Under: Counseling clients, Real property

house

There’s nothing like a foreclosure to get homeowners to see a bankruptcy lawyer. They are often not sure just how bankruptcy will accomplish this, but they are resolute that keeping the house is the centerpiece of their bankruptcy. A capable lawyer can tell the client how that might be done through bankruptcy;  a standout bankruptcy […]

Filed Under: Counseling clients, Real property

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