Bankruptcy Mastery

Becoming a better bankruptcy lawyer

  • Home
  • About Cathy
  • Contact Cathy
  • Articles by Topic
    • Attorneys fees
    • Bankruptcy Brain Teasers
    • Bankruptcy Practice
    • Before filing
    • Breaking
    • Business bankruptcy
    • Cases new & significant
    • Counseling clients
    • Family Law in Bankruptcy
    • Means test
    • Opinionated
    • Real property
    • Rule 3002.1
    • Tax
  • Table of Contents
  • Start Here

Brace & Beyond: Joint Tenancy & Transmutation

By Cathy Moran, Esq. Filed Under: Real property, Strictly California

California joint tenancy

For Californians, the CA Supreme Court’s decision in Brace this summer upended our understanding of joint tenancy and community property. For decades, we “knew” that a property couldn’t be both joint tenancy and community property . Siberell. And for those of us in the 9th Circuit, we “knew” that when married folks acquired property with […]

Filed Under: Real property, Strictly California Tagged With: 2020

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

Mortgage Servicing Under the Microscope

By Cathy Moran, Esq. Filed Under: Real property, Rule 3002.1

Rule 3002.1

The judge looked closely at the creditor’s accounting records and found the usual fright. Having looked, the court held secured creditor  USDA in contempt of the automatic stay and the confirmation order for its loan servicing blunders. Two years after the debtor’s discharge, after an evidentiary hearing, and a written opinion, the debtor still didn’t […]

Filed Under: Real property, Rule 3002.1

Homeowners Face Down The Mortgage Servicer Over Their Request For Information

By Cathy Moran, Esq. Filed Under: Real property

homeowner v. bank`

  The homeowners beat the bank in the first round of RESPA/FDCPA litigation, upholding the private right of action under Reg. X. The case is Rios v. Rushmore, from the Southern District of Florida. The homeowners alleged that Rushmore Loan Management Services failed to adequately respond to their Notice of Error pursuant to 12 U.S.C. […]

Filed Under: Real property Tagged With: 2017

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

How Lien Stripping Differs From Lien Avoidance

By Cathy Moran, Esq. Filed Under: Real property

lien stripping

The draft of a lien avoidance motion my paralegal presented me was garbled.  Lien stripping concepts sat next to a cite to §522. I doubt my staff is alone in missing the critical differences between lien stripping under (or despite) §1322 and lien avoidance pursuant to §522(f). So let’s try some compare and contrast on […]

Filed Under: Real property

Hammered By Rule 3002.1

By Cathy Moran, Esq. Filed Under: Real property, Rule 3002.1

rule 3002.1 hammer

To my mind, Rule 3002.1 is the most powerful, most under-utilized tool in our tool box. And its power is coming to the fore as Chapter 13’s filed  during the Great Recession wind to a close. Don’t let your home-owning client leave Chapter 13 without a determination that they are current. Or, if they are […]

Filed Under: Real property, Rule 3002.1 Tagged With: 2017

Next Page »

[footer_backtotop]

Copyright © 2022 ·Prose · Genesis Framework by StudioPress · WordPress

Theme customization by Rowboat Media LLC