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

The Hazards Of Self Employment In Chapter 7

By Cathy Moran, Esq. Filed Under: Business bankruptcy

Why would a Chapter 7 trustee shut down a proprietorship business with no value? That question comes up again and again from newish bankruptcy lawyers who can't imagine that a trustee would demand the closing of the debtor's business. After all, goes the argument, the debtor needs to make a living and the business has no non-exempt value. The trustee's insistance on closing the business … [Continue reading...]

Why The No-Look Fee In Bankruptcy Harms Us All

By Cathy Moran, Esq. Filed Under: Attorneys fees

The no-look fee is no good in many bankruptcy cases. It harms debtors, their lawyers, and the system as a whole. It fails to compensate the lawyer for critical work, causing a disincentive to providing proper representation. We give up a lot when we settle for being paid just the no-look fee. No-look (or presumptive) fees were instituted to relieve courts of reviewing fee applications in … [Continue reading...]

How To Brush Off The Means Test

By Cathy Moran, Esq. Filed Under: Means test

There's a way around the means test. And it's right there in the Code. Yet we forget. The ***x!!XXX thing only applies to debtors whose debts are primarily consumer. Consumer debt is defined: 8) The term “consumer debt” means debt incurred by an individual primarily for a personal, family, or household purpose. I had to review what isn't consumer debt the other day to extract a client from … [Continue reading...]

Dig Deep In Your First Meeting With A Prospective Client

By Cathy Moran, Esq. Filed Under: Before filing

The success of a bankruptcy case is frequently determined at the first meeting between client and lawyer. The information that is exchanged and the confidence that is built at that encounter shapes the client's expectations, the choice of chapter, the timing of the filing and much more. So I cringe when I hear stories about the first, frequently "free", consultation between prospective … [Continue reading...]

4 Reasons To Keep Time Records No One Discusses

By Cathy Moran, Esq. Filed Under: Attorneys fees

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...]

The Chasm Between Judges & Bankruptcy Attorneys Over Fees

By Cathy Moran, Esq. Filed Under: Attorneys fees, Opinionated

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? Does the bench think that … [Continue reading...]

Tax Changes & Projected Expenses

By Cathy Moran, Esq. Filed Under: Means test

At the risk of borrowing trouble, I'm looking ahead to changes to the tax laws that may adversely impact pending Chapter 13 cases. The 2017 Tax Cuts and Jobs Act ( probably as appropriately named as the Bankruptcy Abuse and Consumer Protection Act) limits the deductibility of state and local taxes, including property taxes. A married couple can deduct only $10,000 of those … [Continue reading...]

Bankruptcy as Means to Keep the House

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

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 lawyer challenges the premise altogether. Often these … [Continue reading...]

Don’t Skimp On Service When Your Client’s House Is On The Line

By Cathy Moran, Esq. Filed Under: Rule 3002.1

Is the Chapter 13 trustee jeopardizing the benefits to my client of Rule 3002.1 by sloppy service? Unwilling to expend more than a single postage stamp to effect notice? Just going through the motions here? The short answer is: I don't know yet. But the issue stood out when, for reasons that are yet inexplicable, the trustee and my office each filed a Notice of Final Cure … [Continue reading...]

One Trait Makes A Bankruptcy Lawyer Great

By Cathy Moran, Esq. Filed Under: Counseling clients

One trait makes a bankruptcy lawyers 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 they confine their attention to the here and now-what does the client have, … [Continue reading...]

Direct Mortgage Payments: Inside, Under, Or Outside The Plan

By Cathy Moran, Esq. Filed Under: Cases new & significant, Rule 3002.1

Are post petition payments on the debtor's mortgage "under the plan"? Not in the view of one judge. Direct payments on a a residential mortgage loan are not "payments under the plan" for purpose of Bankruptcy Code § 1328(a), Thus Judge Thomas Perkins struck back at the cases that have used failure to maintain mortgage payments during a Chapter 13 case as grounds to find debtors … [Continue reading...]

IRS Trick I’d Never Seen Before

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

The third amended IRS claim in my client's case added entries for an excise tax for 2015 and 2016. Excise tax? New one on me where the debtor was a general contractor. I called the IRS agent on the POC for some hints as to what the tax was all about . I needed to know how to analyze whether it was real and correct. It was enough money to threaten the feasibility of the already precarious … [Continue reading...]

Battle On When Bank Back Tracks On Home Loan Balance

By Cathy Moran, Esq. Filed Under: Rule 3002.1

It's war, after all. Remember the office pool I created following the lender's statement under FRBP 3002.1 that the loan was fully current? We were betting on how long after the Chapter 13 discharge it would take Wells Fargo would screw up the debtor's home loan account. Did anyone out there pick less than 30 days? If so, you win. And we hope Wells Fargo loses, big … [Continue reading...]