What New Bankruptcy Lawyers Need To Know: Beyond The Code

Bankruptcy Ethics: Candor v. Confidentiality

By Cathy Moran, Esq. Filed Under: Bankruptcy Practice

Crack of dawn from Amelia Island: a crackerjack program on bankruptcy ethics with Judge Thomas Waldron; soon to be judge Cynthia Grimes; and Jill Michaux, Topeka Kansas bankruptcy practitioner. Premise: candor to the tribunal trumps the duty of confidentiality to the client. The rules that apply found in Model Rules Rule 3.3 The lawyer shall not knowingly make a false statement to the … [Continue reading...]

Bankruptcy Case Law Update

By Cathy Moran, Esq. Filed Under: Bankruptcy Practice

I can't type fast enough to summarize Henry Sommer's comments on the cases, but I'll list the cases Henry included in the Case Update. Hall v. US, 132 S. Ct. 1882 - do post petition capital gains taxes have priority Johnson v. Zimmer, 686 F.3d 224 household size when debtor has partial custody Flores, 2012 U.S. App. Lexis 18508 (9th Cir) did Kagenveama holding on applicable commitment … [Continue reading...]

Changes to Bankruptcy Rules

By Cathy Moran, Esq. Filed Under: Bankruptcy Practice

John Rao reported on rule changes that will become effective December 1. There are only three changes, including a change to the time for filing motions for summary judgment and one providing a requirement that debt buyers provide a summary of very specific information on the provenance of a purchased claim. Effort to redesign bankruptcy forms Planned to coordinate the new forms with the next … [Continue reading...]

From NACBA Amelia Island

By Cathy Moran, Esq. Filed Under: Bankruptcy Practice

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

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

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

"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

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...]

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