Bankruptcy Mastery - Page 2 of 36 - Becoming a better bankruptcy lawyer

They’re Changing the Rules On Us

By Cathy Moran, Esq. Filed Under: Bankruptcy Practice

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, so, with her permission, here are the FRBP rule changes analyzed by Bev Burden … [Continue reading...]

Standout Bankruptcy Lawyers Should Be California Certified Specialists

By Cathy Moran, Esq. Filed Under: Breaking

Are you a standout bankruptcy lawyer? California's certification of bankruptcy specialists helps consumers find standout bankruptcy lawyers. In a state of 35 million residents, with 189,00 active lawyers , only 163 are certified bankruptcy specialists.But the doors to becoming a certified specialist will swing open for a day in October for the written specialist exam. The exam is only … [Continue reading...]

Mortgage Servicing Under the Microscope

By Cathy Moran, Esq. Filed Under: Real property, 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 have a full accounting of the payments … [Continue reading...]

Homeowners Face Down The Mortgage Servicer Over Their Request For Information

By Cathy Moran, Esq. Filed Under: Real property

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. 2605(k)(1)(C).. They sought explanations for … [Continue reading...]

Chronicles of Bankruptcy Rule 3002.1

By Cathy Moran, Esq. Filed Under: Rule 3002.1

A homeowner should emerge from Chapter 13 knowing exactly what she owes on her mortgage; thus we have FRBP 3002.1 said Judge Hannah Blumenstiel. At the end of my client's Chapter 13, the lender's response to the trustee's notice of final cure payment failed to do that. The failure to adequately support its contentions in its pleading cost the bank. Not as big a hit as I wanted. But a hit … [Continue reading...]

The Smart Way To Cut The IRS Out

By Cathy Moran, Esq. Filed Under: Tax

Like so much in life, it's all about timing I revisited an older post here about delaying the filing of a bankruptcy til the New Year when the debtor expects to owe taxes in April. A Chapter 13 filed in January can include and pay the taxes associated with the tax year ending in December. As the taxing folk see it, the tax is owed just as soon as the tax year ends, regardless of whether the … [Continue reading...]

Cautionary Tale re Bankruptcy, Attorneys and Notice

By Cathy Moran, Esq. Filed Under: Bankruptcy Practice

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 from the 9th Circuit has caused me to reconsider. Notice to former lawyer … [Continue reading...]

4 Reasons To Keep Time Records No One Discusses

By Cathy Moran, Esq. Filed Under: Bankruptcy Practice

Mention keeping time records to a bankruptcy lawyer and you're likely met with expressions of utter revulsion. I swear that all too many assert that the major appeal of being a bankruptcy lawyer is precisely that they don't have to keep time. Between flat fee deals with clients, and no look fees in Chapter 13, they feel liberated from the clock and the time sheet. What a … [Continue reading...]

Getting Started In Bankruptcy Law

By Cathy Moran, Esq. Filed Under: Bankruptcy Practice

Everyone new to bankruptcy needs a guide to this specialized legal realm. Just as you can't tell the players without a scorecard, it's hard to make heads or tails of bankruptcy law when it's new to you. Jon Hayes has what you need to tell priorities from the absolute priority rule. Exemptions from exclusions. Denial of discharge from non dischargeability. His book is A Summary of … [Continue reading...]

Tax Audit Aftermath-Did You Tell The State?

By Cathy Moran, Esq. Filed Under: Bankruptcy Practice, Tax

One of the bedrock pieces of the discharge of taxes in in bankruptcy is the requirement to have filed a return. No return, no discharge of that year's taxes. But it gets more nuanced: in California when the feds audit the debtor and change any of the elemental figures in a filed return return, the taxpayer has an obligation to report the change to the Franchise Tax Board. If an amended … [Continue reading...]

Who Wants To Get Paid?

By Cathy Moran, Esq. Filed Under: Attorneys fees

Anyone interested in attorneys fees? Are you filing adversaries and motions to collect money from creditors and other miscreants? Then it's worth looking at two snippets about attorneys fees that have floated across my radar screen. FRCP 54 One of the participants at the Litigating on a Shoe String roundtable at the NACBA convention pointed out the deadline in Rule 54 to request attorneys … [Continue reading...]

The Chasm Between Judges & Bankruptcy Attorneys Over Fees

By Cathy Moran, Esq. Filed Under: Attorneys fees

Why is there such a gap between consumer attorneys and bankruptcy judges over attorneys fees? It sometimes feels like the bench believes that every dollar a debtor's lawyer gets is of questionable legitimacy. Yet the same judges roll their eyes, at least figuratively, at the competence and preparation of those same lawyers. Think there might be a connection? Here's my take, after 37 … [Continue reading...]

Untangling The Converted Case

By Cathy Moran, Esq. Filed Under: Bankruptcy Practice

Conversion of a chapter 13 case to Chapter 7 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, don't forget to counsel the debtor on the differences between 13 and … [Continue reading...]