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From NACBA Amelia Island

By Cathy Moran, Esq. Filed Under: Bankruptcy Practice

NACBA workshop

Greetings from the NACBA 2012 workshop at Amelia Island.  And it really does look like the picture. The morning opened with a poll of the 400 attendees of those who'd been affected by the Superstorm;  Probably a quarter of the audience stood as having gotten here despite storm challenges. Almost an equal number of attendees are attending their first NACBA event. The program is divided … [Continue reading...]

Hold Your Questions (Til Friday)

By Cathy Moran, Esq. Filed Under: Bankruptcy Practice

Catch your bankruptcy questions

I'm packing up for NACBA's Fall Workshop in Amelia Island, starting with the Thursday night beach party. Assuming Hurricane Sandy doesn't have me sleeping on the floor in an airport between Northern California and Jacksonville, I hope to see lots of readers there. I'm carrying my deck of blank index cards to capture your suggestions about things you'd like to see discussed here at Bankruptcy … [Continue reading...]

Arm Yourself For Battle With Creditors

By Cathy Moran, Esq. Filed Under: Bankruptcy Practice

Arm yourself with Bankruptcy Rule 9014

Most contests have rules.  Charny wrote on medieval jousting; Hoyle on cards;  Queensberry on boxing. Rule 9014 provides the rules of bankruptcy disputes. 9014 recognizes contested matters:  disputes in bankruptcy cases that  don't require an adversary proceeding but do require the court to decide a disputed issue. You can hardly be an effective player if you don't … [Continue reading...]

Property That Has Come And Gone

By Cathy Moran, Esq. Filed Under: Bankruptcy Practice

Life has a way of moving on, even when the client is in a Chapter 13. Assets come and go, life gets better or sometimes worse. The direction of travel changes. When a Chapter 13 case converts to Chapter 7, bankruptcy lawyers struggle with what assets the Chapter 7 trustee can liquidate. The facts in Warfield v. Salazar illustrate the problem: the debtors filed Chapter 13 when they were … [Continue reading...]

The Worm In The Debt Forgiveness Offer

By Cathy Moran, Esq. Filed Under: Bankruptcy Practice

Taxes are the worm in debt forgiveness offers

Letters in the client's mailbox superficially offer great news:  the junior mortgage will be forgiven! That good news just adds on a new facet to our job description:  spotting possible  tax consequences and alternatives for our clients by reason of  tax on cancellation of debt. As  the National Mortgage Settlement  gains momentum, we can expect to encounter this more often. The topic is … [Continue reading...]

Does Your Intake Process Make For Happier Clients?

By Cathy Moran, Esq. Filed Under: Bankruptcy Practice

Time Educating Not Wasted

"My staff is spending too much time on the phone with clients:  how do I stop it and make us more productive?" That was the question raised at our workshop last weekend on technology, marketing and office management. On the one hand, if you are going to do good work and distinguish yourself from the crowd of bankruptcy attorneys,  client service is central. On the other, too much time … [Continue reading...]

Good Service Isn’t Automatic When The Stay Isn’t Either

By Cathy Moran, Esq. Filed Under: Bankruptcy Practice

Hat tip to Judge Weissbrodt

Sometimes it seems that the substance of the law is easier than procedure.  Adequate service is both essential and ephemeral. We've been struggling for some time about who to serve and how to do it on the issue of stripping underwater mortgages. Locally, the spotlight seems to have shifted to service when you move to extend the stay in the case of a debtor with a prior dismissal. So it … [Continue reading...]

Tax Troubles Ahead

By Cathy Moran, Esq. Filed Under: Bankruptcy Practice

Severe weather alert:  IRS turbulence spotted The head of our local IRS insolvency section announced a reading of BAPCPA which turns the law as we know it on its head. Worse it portends surprised counsel and unhappy Chapter 13 clients if it is accepted. Here's his contention: the taxes associated with any tax return filed after the petition  are non dischargeable. Therefore, at the … [Continue reading...]

Polish Your Advocacy Mindset

By Cathy Moran, Esq. Filed Under: Bankruptcy Practice

Be an advocate-your client has enough opponents. It's no accident that the word for lawyer in Scotland, Belgium and India is advocate. If we do our jobs for bankruptcy clients well, we are advocates for their interests at every stage of the game. Yet I hear lawyers assuming that there is a known and pat answer to every question under BAPCPA  and that the answer is the one the trustee … [Continue reading...]

New Kid On The SoCal Bankruptcy Block

By Cathy Moran, Esq. Filed Under: Bankruptcy Practice

I'm deviating from the usual here to cheer on my friend and partner in the adventure that is Bankruptcy Mastery, Jay Fleischman. Yesterday I presented him for swearing in to the California Bar yesterday, some 17 years after he took the New York Bar. Personally, I'm not sure I could muster the energy and the focus to sit for the bar again.  It had to be tough when all his friends and … [Continue reading...]

On Pricing The Consumer Bankruptcy Case And Involuntary Pro Bono Work

By Cathy Moran, Esq. Filed Under: Bankruptcy Practice

You probably spend hours in service of your client without compensation.  At least, that's how the majority of consumer bankruptcy lawyers operate.   Is this the only way to practice? It seems as if the consumer debtor bankruptcy bar has been brought up to believe that we should expect no payment from our clients once the case is filed.  Whether we price our services on an hourly basis or on … [Continue reading...]

How To View Preferences Through The Lens Of A Chapter 13

By Cathy Moran, Esq. Filed Under: Chapter 13

Chapter 13 is often the chapter of choice when the client's financial past includes avoidable transfers. Most clients are intent that the news of their bankruptcy not spread and especially horrified at the prospect of a Chapter 7 trustee suing their family members to recover preferences. At bottom, who really cares if a trustee avoids the recent payments to Capital One? More power to him, … [Continue reading...]

Documents Be Damned

By Cathy Moran, Esq. Filed Under: Bankruptcy Practice

Contrary evidence can trump the pre printed form. I saw it in a case I uncovered in updating the Complete Guide to Means Testing for the NACBA Fall Workshop. Swartzentruber ( 2009 WL 28730003 (Bankr. N.D. Ohio 2009)) dealt with means testing and the classification of debts as consumer or non consumer. The debtors there bought a second residence, this one in Florida, and checked the box … [Continue reading...]

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