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Table of Contents

ImageTitleContentAuthor
Use your authentic voice to humanize yourself and the lawThe legal chatter is full of the promise of Artificial Intelligence to revolutionize the practice …Cathy Moran, Esq.
flood of client communcation
My Client Communication Strategy: Flood the ZonePoor client communication is the source of both client anguish and discontent with the legal …Cathy Moran, Esq.
bankruptcy online
What I Learned About Bankruptcy on FacebookFor nearly a year, I’ve been hanging out on a Facebook “bankruptcy support” group. It’s …Cathy Moran, Esq.
chapter 13 puzzles
Still Crazy After All These YearsMore than four decades after the Bankruptcy Code was enacted, we are still tripping over …Cathy Moran, Esq.
voluntary retirement deduction
Voluntary Retirement Contributions Not Disposable Income in the 9thContributions to an employer-sponsored retirement plan going forward are excluded from disposable income in Chapter …Cathy Moran, Esq.
means test deductions
How to Wring Out Every Last Means Test DeductionEvery extra dollar deduction you can wring out on bankruptcy’s means test is important. A …Cathy Moran, Esq.
withdraw is a trap
Don’t Dismiss FRBP 7041Quick: tell me all you know about FRBP 7041. Hint: it involves voluntary dismissals Maybe …Cathy Moran, Esq.
Breaking Up and Bankruptcy
Navigate The Marital Debt Thicket In BankruptcyLove and Marriage. Fries and Catsup. Chips and Dip. Like these famous pairings, divorce and …Cathy Moran, Esq.
hard of hearing
Bankruptcy and the “hard of hearing”  You never know just how a client hears your advice, until you hear yourself …Cathy Moran, Esq.
cost of home maintenance
Re-examining The Means Test Cost of Home OwnershipThe real non mortgage expenses of home ownership are nothing like the means test allowances …Cathy Moran, Esq.
claims between spouses
Interspousal Claims Defy The Chapter 7 DischargeEven when the contentions against a debtor-spouse sound in fraud, breach of fiduciary duty, or …Cathy Moran, Esq.
Sneak Attack On Consumer RightsTax code changes effective in 2018 inflicted a crippling blow to consumers who must sue …Cathy Moran, Esq.
legal terms
When Laws Collide, You Need The Right WordAs lawyers, words are our stock in trade. If we want to describe, explain, or …Cathy Moran, Esq.
bankruptcy lawyer superpower
Why listening is a bankruptcy lawyer’s superpowerThe initial meeting with a prospective bankruptcy client is the most important work I do …Cathy Moran, Esq.
Chapter 13 NoLook Fees: Fair vs. AffordableI’ve long campaigned for compensation of bankruptcy practitioners that recognizes the practitioner’s skill set and …Cathy Moran, Esq.
Debt Buyers Pay A Lot Post-TaggartYou know it won’t go well for the creditor in a discharge violation case when …Cathy Moran, Esq.
high bar for sua sponte sanctions
Sua Sponte Monetary Sanctions Against CounselThe 9th CIr. BAP erected a high bar for the imposition of monetary sanctions against …Cathy Moran, Esq.
bankruptcy liquidation analysis
What Goes Into The Liquidation AnalysisThe liquidation analysis is central to every form of consumer bankruptcy. Yet too many attorneys …Cathy Moran, Esq.
Summary of Bankruptcy Law
Getting Started In Bankruptcy LawEveryone new to bankruptcy needs a guide to this specialized legal realm. Just as you …Cathy Moran, Esq.
community property discharge
When The Marital Community Doesn’t Get A Bankruptcy DischargeCommunity property works differently in bankruptcy, especially when it comes to debts of a non-filing …Cathy Moran, Esq.
means test weak link
The Weak Link In The Means TestThe bankruptcy means test, designed to keep people out of bankruptcy, has a fatal weakness.  …Cathy Moran, Esq.
long reach of R. 3002.1
The Long Reach of R. 3002.1What are the consequences of a secured lender’s failure to comply with R. 3002.1 in …Cathy Moran, Esq.
foreclosure timeline
Recover The House AFTER The Foreclosure Under New California LawThe signal changes in California foreclosure law in 2021 are bearing unexpected fruit: a bankruptcy …Cathy Moran, Esq.
FRCP 41
Rule 41 Threatens Strike OutI was the third attorney on this lien avoidance matter. Instead of it being “third …Cathy Moran, Esq.
AI in law
Today’s AI Stands To Create Work For Consumer LawyersMost lawyers were torn between wincing and laughing when a lawyer filed a brief packed …Cathy Moran, Esq.
taxes on credit card
The Neglected Non-dischargeability ProvisionHands up, everyone who has encountered a claim that a debt is non-dischargeable by reason …Cathy Moran, Esq.
corporate really separate
Is This Corporation Really Separate From Its Owners: A ChecklistIn a perfectly-executed world, clients who do business via an entity like a corporation or …Cathy Moran, Esq.
post petition retirement contributions
Are 401(k) Contributions Disposable Income Or Not?For a system that is supposed to rehabilitate personal finances and set debtors back on …Cathy Moran, Esq.
exemption increase trumps state law
Bankruptcy Law Trumps State Protection For Judgment LienState law insulated a recorded judgment lien from future increases in the homestead exemption. However, …Cathy Moran, Esq.
tax liens
Finding the Flaws in IRS Tax LiensTax liens in bankruptcy sometimes don’t stand up to close scrutiny, to the delight and …Cathy Moran, Esq.
marital adjustment
Marital Adjustment: Everything But The Kitchen SinkNot every expenditure that benefits the debtor’s household or his family is a household expense. And, …Cathy Moran, Esq.
California joint tenancy
Brace & Beyond: Joint Tenancy & TransmutationFor Californians, the CA Supreme Court’s decision in Brace upended our understanding of joint tenancy …Cathy Moran, Esq.
lawyers & technology
Is Your Law Practice Evolving To Incorporate New TechnologyWhen the world was forced to adjust to new routines in March 2020 due to …Jay Fleischman
claim preclusion nightmare
Siegel, Claim Preclusion & MeI’ve been having nightmares about the 9th’s Circuit’s decision in Siegel for 20 years. Broad …Cathy Moran, Esq.
bullet-proof divorce
How To Bankruptcy-Proof A Divorce SettlementChapter 13 bankruptcy can discharge non support obligations associated with a divorce that are non-dischargeable …Cathy Moran, Esq.
discharge spousal claims
The Complex World Of Interspousal Claims In BankruptcyTraps and grey areas abound when one spouse files bankruptcy during or after a divorce. …Cathy Moran, Esq.
lien avoidance tool box
Lien Avoidance In Bankruptcy: The Questions You Need To AnswerBlack letter law says liens pass through bankruptcy unchanged. But the better statement adds a …Cathy Moran, Esq.
mortgage accounting
Lenders Can’t Hide From Misapplication of Mortgage PaymentsWho knew 20 years ago how apparently hard it is to account for money paid …Cathy Moran, Esq.
mortgage payment
Between the 1st and the 15th: Is Mortgage Current?The no man’s land between the mortgage due date and late payment is a persistent …Cathy Moran, Esq.
conflicts with spouses
Your Duty of Loyalty And Married Clients Are your loyalties divided When a married couple books a bankruptcy consultation, you have an …Cathy Moran, Esq.
bankruptcy tax refund
Taxes & Timing: Calculating Outcomes for Bankruptcy DebtorsBankruptcy lawyers regularly evaluate the dischargeability of taxes when deciding when to file a client’s …Cathy Moran, Esq.
bankruptcy options
All Bankruptcy Roads Pass Through Chapter 5Regardless of the ultimate destination, all bankruptcy roads run through Chapter 5. A few bankruptcy …Cathy Moran, Esq.
exceptions to discharge
Do You Know These Exceptions To Discharge Not In The Bankruptcy Code?Not all exceptions to discharge in bankruptcy are found in the Bankruptcy Code. Inconvenient, but …Cathy Moran, Esq.
sole proprietorship locked up
Sole Proprietorship In Chapter 7 In Trustee’s Cross HairsWhy would a bankruptcy trustee shut down a sole proprietorship business with no value? That …Cathy Moran, Esq.
standout bankruptcy lawyer
One Trait Makes A Bankruptcy Lawyer GreatOne trait makes a bankruptcy attorney stand out. Bankruptcy forms promote the view that filing a …Cathy Moran, Esq.
chapter 13
Rescuing A Troubled Chapter 13: The Unseen ThreatWe all get sucked in, at some time, to trying to rescue a Chapter 13 …Cathy Moran, Esq.
What Bankruptcy Counsel ForgotHow do you forget capital gains taxes? More easily than you would think, apparently. When …Cathy Moran, Esq.
tax change damages
Crushing Tax Change For Injured ConsumersThe “Tax Cut Act” actually increased the tax on consumer recoveries.  Under the new tax …William Purdy
Delay Division of Community Property At  Peril of Bankruptcy
Delay Division of Community Property At Peril of BankruptcyPut off the division of community property in a marital dissolution at your peril. Hesitate …Cathy Moran, Esq.
fee application narrative
700 Words Yield $21KHave I got a story for you. A rousing tale of schedules, hearings, frustrations, and …Cathy Moran, Esq.
bankruptcy stay violation
Parker: Sweet Decision On Stay ViolationsI don’t know just what makes Parker such a treat for me, but it delivers …Cathy Moran, Esq.
abandonment in bankruptcy
List It Or Lose It: When Actual Knowledge Isn’t EnoughTo actually effect abandonment of unadministered assets in a bankruptcy case, the asset in question …Cathy Moran, Esq.
bankruptcy terms
Why Your Bankruptcy Client Doesn’t Understand You (And How To Fix the Problem)Bankruptcy terminology, so familiar to lawyers, stymies clients. Even common English words seem to flumox …Cathy Moran, Esq.
bankruptcy tax refund
Diaz & The Tax RefundOn its face, Diaz (Diaz v. Viegelahn , No. 19-50982 (5th Cir. Aug. 26, 2020)) …Cathy Moran, Esq.
examining life insurance
Ensure You Understand Insurance In BankruptcySometimes, issues that you’ve just skimmed over burst forth in bunches, demanding attention. Lately, that …Cathy Moran, Esq.
6 Steps to Ethical Unbundling of Bankruptcy RepresentationNo matter how many hoops the client dutifully jumped through, without adequate inquiry and communication, …Cathy Moran, Esq.
reaffirmation presents problems
Reaffirmations Impose Impossible Demands On Bankruptcy CounselWhen BAPCA gutted the ipso facto clause, reaffirmation was left as the only way a …Cathy Moran, Esq.
hearsay exception
Hearsay Exception: How Do I Get This Into Evidence?Quick: tell me everything you know about Federal Rule of Evidence 803(17)! If you’re like …Cathy Moran, Esq.
means test
Wrestling With The Means TestThe timeless questions asked by mankind include “why are we here“, “which came first...” and …Cathy Moran, Esq.
california homestead changes
Unpacking The Enhanced California HomesteadOn January 1, 2021, California’s homestead exemption grew from a prior low of $75,000 to …Cathy Moran, Esq.
attorney fee survey
Your Help Needed With Consumer Attorney Fee SurveyCan I assume you’d like some authority to back up your next application for fees? …Cathy Moran, Esq.
utility service nonpayment
Delinquent Utilities and Disconnection Under New Bankruptcy ProvisionBankruptcy debtors with delinquent utility bills got a measure of protection from interruption in their …Cathy Moran, Esq.
Chapter 13 discharge
Chapter 13 Discharge Expanded by COVID Relief LegislationChapter 13 debtors got a huge “gift” among the COVID relief provisions of the Consolidated …Cathy Moran, Esq.
cars in bankruptcy
Cars & Bankruptcy: What You Must Know To Get It RightIt’s time for a summary and refresher on dealing with car loans in bankruptcy. Somehow, …Cathy Moran, Esq.
Means test surprise
The Means Test Allows Health Care Before CreditorsHealth insurance is an allowable means test deduction, even if the debtor doesn’t currently have …Cathy Moran, Esq.
means test taxes
Projecting Means Test Tax Expense When Things ChangeBankruptcy means test tax projections get more complicated when the year of filing situation looks …Cathy Moran, Esq.
protecting tax refund
Juggling in Defense of the Tax RefundAs long as clients use tax withholding as a form of savings account, bankruptcy lawyers …Cathy Moran, Esq.
discharge 2019 taxes
Tax Traps 1095 Days OutWhen it comes time to discharge 2019 taxes in bankruptcy, the IRS has laid a …Cathy Moran, Esq.
homestead exemption
New California Homestead in ActionThe California homestead just changed, for the better, but it raised questions about how the …Cathy Moran, Esq.
danger corporate bankruptcy
Reasons Not To Choose Business BankruptcyBankruptcy preference avoiding powers constitute a serious reason not to choose a corporate bankruptcy to …Cathy Moran, Esq.
discharge taxes
Tax Audit Aftermath-Did You Tell The State?One of the bedrock requirements of the discharge of taxes in in bankruptcy is the …Cathy Moran, Esq.
virus damaged business
Assessing the Ailing Business Post PandemicLong after the human patients recover from the coronavirus, small businesses will still be ailing. …Cathy Moran, Esq.
trial practice
Objection: HearsayThere you are, client on the witness stand, jury in the box, story being told …Wayne Silver
SBRA tax questions
Taxing Questions in Bankruptcy’s New Subchapter VWith the enactment of the Small Business Reorganization Act, Chapter 11 is expected to become …Steven Walker
convert, modify or dismiss
Analyzing The Troubled Chapter 13: 20,000 Questions Under The Surface Of The CaseAfter the pandemic, when the economy lurches back into motion, bankruptcy lawyers will confront a …Cathy Moran, Esq.
covid-19 resources
Coronavirus & The LawIn the face of pandemic and economic stasis,  information is both vital and fleeting. I’m …Cathy Moran, Esq.
mortgage
Mortgage Matters In Times Of COVID-19Is it 2008 again? For us in the mortgage industry, we woke up this week …Bob Schuman
Charting The Course of A Case
Charting The Course of A CasePlanning the bankruptcy often determines whether the case succeeds or fails. To obtain good results …Cathy Moran, Esq.
shedding light on vesting
Black Decision Sheds Light On Vesting QuestionsClouds of uncertainty have hovered over Chapter 13 debtors who find that they need to …Cathy Moran, Esq.
First Principles For First Meetings
First Principles For First MeetingsOnce again, I sat in a 341 meeting where the trustee purported to deliver vital …Cathy Moran, Esq.
PACE Loans- New Subprime DebtsPresentation November 2017  NCLC Consumer Litigation Conference 1 NCLC PACE Presentation finalCathy Moran, Esq.
bankruptcy family law
When Worlds of Bankruptcy & Family Law CollideBankruptcy, actual or threatened, can cause a genuine disruption in the force when divorce is …Cathy Moran, Esq.
bankruptcy means test
When The Means Test Is MeaninglessA local bankruptcy attorney stumbled over the most basic part of the  means test. Just …Cathy Moran, Esq.
Win Now, Wreck Later: A Tale of Bankruptcy and Mortgage Servicing
Win Now, Wreck Later: A Tale of Bankruptcy and Mortgage ServicingMy Google Alert popped up a lovely win for a Chapter 13 homeowner , but …Cathy Moran, Esq.
Secrets To Home Loans For Chapter 13 Debtors
Secrets To Home Loans For Chapter 13 DebtorsEvery bankruptcy debtor yearns to rebuild their credit.  Whatever drove them to bankruptcy did no …Bob Schuman
become bankruptcy lawyer?
Amid the comfortable camaraderie of the Chapter 13 bar’s holiday gathering, the trustee and I …Cathy Moran, Esq.
Rule 3002.1 And The Tangled Web of HOA Assessments
Rule 3002.1 And The Tangled Web of HOA AssessmentsThe Hadfeg decision  was delivered to me in response to a standing search for bankruptcy …Cathy Moran, Esq.
where to start
Start with problem, not procedureThe new bankruptcy lawyer sent me an email. What do I file when there’s an …Cathy Moran, Esq.
exclude debts
What Debts to Include in BankruptcyBankruptcy lawyers know that all debts need to be scheduled.  Clients think or hope that …Cathy Moran, Esq.
Filing Bankruptcy Petitions:  Playing Connect the Dots
Filing Bankruptcy Petitions: Playing Connect the DotsI almost took the client at her word and filed schedules that told half the …Cathy Moran, Esq.
Find Solution That Works, Bankruptcy or NoGood income, substantial priority tax debt, other debt within the limits:  sounds like a Chapter …Cathy Moran, Esq.
interview trick
Prompt Full Disclosure from Bankruptcy ClientsIf the price of a bankruptcy discharge is full disclosure, some clients still want to …Cathy Moran, Esq.
no-look fees in Chapter 13 bankruptcy
Why The No-Look Fee In Bankruptcy Harms Us AllThe no-look fee is no good  in many bankruptcy cases.  It harms debtors, their lawyers, …Cathy Moran, Esq.
avoid means test
How To Brush Off The Means TestThere’s a way around the means test.  And it’s right there in the Code.  Yet …Cathy Moran, Esq.
client interview
Dig Deep In Your First Meeting With A Prospective ClientThe success of a bankruptcy case is frequently determined at the first meeting between client …Cathy Moran, Esq.
discharge violation is expensive
4 Reasons To Keep Time Records No One DiscussesMention keeping time records to a bankruptcy lawyer and you’re likely met with expressions of …Cathy Moran, Esq.
The Chasm Between Judges & Bankruptcy Attorneys Over Fees
The Chasm Between Judges & Bankruptcy Attorneys Over FeesWhy is there such a gap between consumer attorneys and bankruptcy judges over attorneys fees? …Cathy Moran, Esq.
tax changes ahead
Tax Changes & Projected Expenses  At the risk of borrowing trouble, I’m looking ahead to changes to the tax …Cathy Moran, Esq.
house
Bankruptcy as Means to Keep the HouseThere’s nothing like a foreclosure to get homeowners to see a bankruptcy lawyer. They are …Cathy Moran, Esq.
Rule 3002.1 service
Don’t Skimp On Service When Your Client’s House Is On The LineIs the Chapter 13 trustee jeopardizing the benefits to my client of Rule 3002.1 by …Cathy Moran, Esq.
payments under plan
Direct Mortgage Payments: Inside, Under, Or Outside The PlanAre post petition payments on the debtor’s mortgage “under the plan”? Not in the view …Cathy Moran, Esq.
IRS excise tax
IRS Trick I’d Never Seen BeforeThe third amended IRS claim in my client’s case added entries for an excise tax …Cathy Moran, Esq.
Battle On When Bank Back Tracks On Home Loan Balance
Battle On When Bank Back Tracks On Home Loan BalanceIt’s war, after all. Remember the office pool I  created following the lender’s statement under …Cathy Moran, Esq.
fraudulent transfers
Up Against The Wall(design)Bankruptcy’s avoiding powers often turn otherwise unexceptional transfers on their heads. But who expected that …Wayne Silver
bankruptcy research
Jump Start Your Bankruptcy ResearchThe next best thing to being a fly on the wall in the judge’s chambers …Cathy Moran, Esq.
community property
Brace YourselfThe 9th BAP’s Brace decision blew over everything we thought we knew about community property, …Cathy Moran, Esq.
mortgage loan
All Dressed Up & Nowhere To GoIt’s the pits to be stood up by a Rule. Rule 3002.1 is, in my …Cathy Moran, Esq.
blacks in bankruptcy
Beyond Racism And Self Interest: Why Blacks File And Fail At Chapter 13ProPublica’s study of the percentage of black debtors who file bankruptcy and fail at Chapter …Cathy Moran, Esq.
new bankruptcy rules
They’re Changing the Rules On UsCome December, the Bankruptcy Rules will change again. So, I’ve got a shout out to …Cathy Moran, Esq.
bankruptcy tax refund
The Smart Way To Cut The IRS OutLike so much in life, it’s all about timing I revisited an older post here …Cathy Moran, Esq.
Rule 3002.1
Mortgage Servicing Under the MicroscopeThe judge looked closely at the creditor’s accounting records and found the usual fright. Having …Cathy Moran, Esq.
homeowner v. bank`
Homeowners Face Down The Mortgage Servicer Over Their Request For Information  The homeowners beat the bank in the first round of RESPA/FDCPA litigation, upholding the …Cathy Moran, Esq.
on the trail
Chronicles of Bankruptcy Rule 3002.1A homeowner should emerge from Chapter 13 knowing exactly what she owes on her mortgage; …Cathy Moran, Esq.
bankruptcy notice
Cautionary Tale re Bankruptcy, Attorneys and NoticeHow often has your bankruptcy client presented you with a copy of a complaint or …Cathy Moran, Esq.
getting paid
Who Wants To Get Paid?Anyone interested in attorneys fees? Are you filing adversaries and motions to collect money from …Cathy Moran, Esq.
Untangling The Converted Bankruptcy Case
Untangling The Converted Bankruptcy CaseConversion to Chapter 7 from Chapter 13 usually comes amid some sort of train wreck. …Cathy Moran, Esq.
family law bankruptcy collide
Bankruptcy & Divorce: A Disruption In The ForceWhen bankruptcy law and family law intersect, the result can be liberating or disruptive, depending …Cathy Moran, Esq.
bank lies
Unfair Loan Modification Practices Rejected By 9th Circuit  Promising a loan modification and failing to deliver, after pocketing trial mod payments, isn’t …Cathy Moran, Esq.
divorce fees
Shadow Players May Have Support Claims In BankruptcyWhat we know so far about domestic support obligations in bankruptcy is that they are …Cathy Moran, Esq.
Getting Means Test Tax Projections Right
Getting Means Test Tax Projections RightThe means test tax deduction offers fertile ground for passing the means test. But mention …Cathy Moran, Esq.
Chapter 13
When Chapter 13 Debtors Run AmokWe’ve had a string of them…. [Hint: in a small practice, a “string” means “three. …Cathy Moran, Esq.
bankruptcy worries
Proofs of Claim, Res Judicata, And A Good Night’s SleepTrouble shared is trouble halved. Brainy Quotes attributes that bit of wisdom to writer Dorothy …Cathy Moran, Esq.
lien stripping
How Lien Stripping Differs From Lien AvoidanceThe draft of a lien avoidance motion my paralegal presented me was garbled.  Lien stripping …Cathy Moran, Esq.
teach clients
Use All Channels to Educate Bankruptcy DebtorsThe skill set of a consumer bankruptcy lawyer must include a healthy dose of  the …Cathy Moran, Esq.
bankruptcy changes
The Change We Need In Consumer Bankruptcy PracticeThe American Bankruptcy Institute under the leadership of retired Judge Eugene Wedoff is gathering input …Cathy Moran, Esq.
rule 3002.1 hammer
Hammered By Rule 3002.1To my mind, Rule 3002.1 is the most powerful, most under-utilized tool in our tool …Cathy Moran, Esq.
Corporate Bankruptcy:  So We Can Start Over
Corporate Bankruptcy: So We Can Start OverThou shalt not file bankruptcy for a corporation. It’s almost a commandment from on high …Cathy Moran, Esq.
ideas bubble
Bubble, Bubble, Toil and TroubleI find I’m back at the Bankruptcy Mastery keyboard. Several years ago I thought I …Cathy Moran, Esq.
Picking Your Chapter 11 TeammatesProfessionals in Chapter 11 have to be “disinterested“;  make sure they are also capable. You …Cathy Moran, Esq.
What Keeps Me BusyThe number of new cases through my doors is down, just like it is everywhere. …Cathy Moran, Esq.
property sale
Bankruptcy Sales Free And ClearNow that the real estate market in my area is improving, we are dusting off …Cathy Moran, Esq.
When Just-In-Time Is Just RightGetting things done and off your desk is usually a good modus operandi for an attorney.  …Mark Markus
phantom creditors
Phantom Creditors In BankruptcyDon’t overlook in rem liability when scheduling creditors. These phantom creditors often waft through the …Cathy Moran, Esq.
lien vs. claim
Can You Tell A Lien From A Secured Claim?The underwater second deed of trust was listed on Schedule F in the debtor’s prior …Cathy Moran, Esq.
How To Insure The Judgment Isn’t Discharged In BankruptcyThe settlement agreement, fully executed, provided explicitly that the obligation was not dischargeable in bankruptcy. …Cathy Moran, Esq.
Married: Assorted Bankruptcy Exemption IssuesOur series on family law and  bankruptcy continues with an exploration of a mixed bag …Cathy Moran, Esq.
battling mortgage servicers
Mortgage Servicers In The CrosshairsThe sign on my office door should read:  Armed and Dangerous Dangerous, anyway, if you …Cathy Moran, Esq.
bankruptcy divorce
Can Family Court Order Discharged Spouse To Indemnify The Other?File bankruptcy before or after a divorce? It’s the classic bankruptcy family law conundrum. We …Cathy Moran, Esq.
How To Wield Influence And Change The Rules Of The GameChange is coming to the rules of bankruptcy that drive what we do and the …Cathy Moran, Esq.
Domestic Support Obligations: When The Rules We Know ChangeAs bankruptcy lawyers, we’d like to get the world trained to simply halt in their …Cathy Moran, Esq.
bankruptcy service by mail
The Not So Secret Rules Of Bankruptcy ServiceToday’s post comes from Jay Jump, Washington bankruptcy attorney and expert on service in bankruptcy …Jay Jump
Non Support Debts In Bankruptcy: Our Options Have ChangedRead the case annotations for Section 523(a)(15)of the Bankruptcy Code casually, and you can go …Cathy Moran, Esq.
Loss Mitigation: The Rules Have Changed    New federal rules on mortgage servicing can help homeowners avert disaster.  But they …Cathy Moran, Esq.
How Bankruptcy Courts Deal With Alimony and SupportThe starting place for our exploration of bankruptcy and family law is support. Whether it’s …Cathy Moran, Esq.
Bankruptcy And Family Law : Your New FrontierDivorce is one of the three major predictors of bankruptcy filing, along with job loss …Cathy Moran, Esq.
Readers Vote With Their MouseLast time, I listed my 10 favorite Bankruptcy Mastery posts from 2013. Just for fun, …Cathy Moran, Esq.
The Best of Bankruptcy Mastery in 2013Let’s have some retrospective before we look forward to bankruptcy lawyering in 2014. Here are …Cathy Moran, Esq.
What Price Silence?Read any good orders lately? I read a not-so-good order yesterday. It  affirmed sanctions against …Cathy Moran, Esq.
The Trick To Getting All Pending Actions To Bankruptcy CourtDon’t overlook the ability to keep your client and any litigation that you want or …Cathy Moran, Esq.
BankruptcyMastery Chosen One of Best Blogs of 2013Bankruptcy Mastery was selected one of the 100 top Blawgs of 2013 by the American …Cathy Moran, Esq.
Bankruptcy Rules And Forms ChangeThe only thing constant is change, we’re told. So, here are the important changes to …Cathy Moran, Esq.
The 50 State Treasure HuntJoint bank accounts present one of the most vexing problems for a bankruptcy lawyer. Too …Cathy Moran, Esq.
What You Need To Know About Conversion Of Bankruptcy CasesSometimes, the most challenging questions for a bankruptcy lawyer come up well after  the case is …Cathy Moran, Esq.
Do You Believe in Magic Exemptions?I commend to you 11 U.S.C. 522(c). For therein lies a magical tool even for …Cathy Moran, Esq.
What No One Told Me About Adversary PleadingWhen I learn something new about bankruptcy after 30 years of practice, I don’t know …Cathy Moran, Esq.
Keeping Watch Over Chapter 13 ClaimsDo you remain on watch in your client’s Chapter 13 after confirmation? The attorney for …Cathy Moran, Esq.
Time Can Be On Your SideLucky us. Not. We have a  new, multipage model Chapter 13 plan in several Bay Area …Cathy Moran, Esq.
Miss Manners
Fleshing Out Incorporation Before BankruptcyMiss Manners As Miss Manners might say, you, Gentle Reader, have a secret fan. A …Cathy Moran, Esq.
I Assume, Redux
I Assume, ReduxIf there are 50 ways to leave your lover, there must be 150 ways that …Cathy Moran, Esq.
Chapter 7 Risks Everything For Operating BusinessShut the business down, the Chapter 7 trustee told debtor’s counsel. Or get an order …Cathy Moran, Esq.
Neat Bankruptcy Skill: Severing SpousesEvery time I contemplate severing a joint bankruptcy case, the traditional Anglican wedding service echoes: …Cathy Moran, Esq.
Jazz Up Your Bankruptcy PracticeMeet me in New Orleans. That’s where the bankruptcy action will be at the end …Cathy Moran, Esq.
The Rules Of The Game Are ChangingChange is coming- either influence it or don’t complain. The proposed changes to the rules …Cathy Moran, Esq.
Watch Your LanguagePick your words carefully.  Your clients will have to live with the results of your …Cathy Moran, Esq.
When Appearances Are DeceivingThe judgment was for $500,000. Debtor’s bankruptcy lawyer was stumped. How to schedule it? What’s …Cathy Moran, Esq.
Who Is Stupid Here?The headline was “Are your clients really stupid?”. Wait, wait.  Hear him out. The answer …Cathy Moran, Esq.
Split The Sheets, Split The Debts, Then Watch OutThe marital settlement agreement that resolves a divorce often divides the debts between the couple. …Cathy Moran, Esq.
Is The Price Right?What’s it worth? Another round of bankruptcy newbie questions suggests it’s time to review small …Cathy Moran, Esq.
RTFM*I know gambling debts are non dischargeable, so we can’t convert the Chapter 13. So …Cathy Moran, Esq.
Bankruptcy For Elders: Minefield or Mother Lode?I commend to you the money problems of the elderly as challenging and underserved. The …Cathy Moran, Esq.
Who Is The Liar Here?The mortgage mill lawyer on the other end of the phone tried to tell me …Cathy Moran, Esq.
The Bankruptcy Rules Of The RoadDo you need to know how much notice to give on a chapter 13 plan? …Jill Michaux
Axe Falls On Debtor’s CounselJust when I think my work here is done, I have a week like last …Cathy Moran, Esq.
When Insurance Can Be The Death Of YouRemember survey courses from college? Kinda like flying low over new territory without ever landing …Cathy Moran, Esq.
The More We Get TogetherNot a bad place for a weekend, eh? The NACBA convention was great.  The two …Cathy Moran, Esq.
Why Realization Dawns Too LateThis time, I have a question for you. How do we get laymen to see …Cathy Moran, Esq.
Got These Dates?Friday The Chapter13 trustees ‘ Academy is sponsoring a free Means Test webinar Friday, April 19, …Cathy Moran, Esq.
Projecting Tax Expense In A Life In FluxWhen your client’s tax situation is changing, projecting taxes for the means test becomes more …Cathy Moran, Esq.
phantom creditors
Business Bankruptcy and The Bingo EffectThe lives of business bankruptcy clients are peopled with a less than obvious cast of …Cathy Moran, Esq.
Tax Withholding Not Etched in StoneTaxes are one of the means test expense items that I have labeled as a …Cathy Moran, Esq.
On The Trail Of The Reopened Bankruptcy CaseWe’re here at the trail head.  Our goal is to reopen a bankruptcy case. I …Cathy Moran, Esq.
What’s It Worth To You?If all the children in Lake Woebegon are above average, all the small businesses our …Cathy Moran, Esq.
Hat Tip For Timeless Little TipsIt’s the little things that count. My life in the law is so much richer …Cathy Moran, Esq.
The Savvy Move: San Diego For NACBA ConventionSunshine, camaraderie, and CLE. Three days in San Diego for the NACBA 2013 Convention. No need …Cathy Moran, Esq.
Old Lesson From Innovation Event  The most important thing I learned at a half day spent at ReInventLaw Silicon …Cathy Moran, Esq.
Dealing With Joint Debt And Business StrugglesEarly in this series on business bankruptcy issues, we focused on figuring out just who …Cathy Moran, Esq.
Double Up On ExemptionsNow’s the sweet spot for bankruptcy exemption planning: before April 15th. Up until April 15th, …Cathy Moran, Esq.
Lien Strip Cases Are Time BombsThey are coming to get you. It’s true:  I’ve now heard it from two bankruptcy …Cathy Moran, Esq.
Three Payroll Tax Issues That Can Bite The UnsuspectingBusiness bankruptcy cases can lull you into inattention when no payroll tax issues are apparent …Cathy Moran, Esq.
What Bankruptcy Lawyers Must Know About Payroll TaxesPayroll taxes are dynamite: they are non-dischargeable in bankruptcy the taxing authorities are the Big …Cathy Moran, Esq.
Have The Last Word On New FormsBy tomorrow, the door will be locked. Public comment closes today on the draft new …Cathy Moran, Esq.
Bankruptcy Lawyer Sleepless in Silicon ValleyThe“Who’s On First” problem of lien strip service haunted my weekend at the Sacramento Bankruptcy …Cathy Moran, Esq.
Have Your Say About New Bankruptcy FormsSpeak now or forever hold your peace. Or suffer in silence, is more like it. …Cathy Moran, Esq.
Sleepless In SacramentoA really good bankruptcy law conference leaves you unable to sleep the next night. If …Cathy Moran, Esq.
Taxing Questions In Business BankruptcyTax issues in a failing business can feel like a maze to the bankruptcy lawyer. …Cathy Moran, Esq.
What Does Good Lawyering Cost?Ms. Moran, how could this bankruptcy case have cost as much as your fee application …Cathy Moran, Esq.
Is The Debtor Lost In Space?Business bankruptcy skills, continued. The business lease often stands at the center of the troubles …Cathy Moran, Esq.
Corporate Chapter 7: The Other Side Of The CoinThe reasons not to file a Chapter 7 for a failing corporation crowded my last …Cathy Moran, Esq.
Four Dangers In Bankrupting A CorporationIf the whole point in bankruptcy is getting a discharge of your debts, it’s obvious …Cathy Moran, Esq.
Is Your Bankruptcy Client's Business Worth Saving?
Is Your Bankruptcy Client’s Business Worth Saving?Your client’s business is going under. What should I do? he asks of you. Return …Cathy Moran, Esq.
Who Is On The Hook For Debts?When the person sitting in your office runs a struggling business, I proposed three initial …Cathy Moran, Esq.
Is Your Debtor Corporate or Corporeal?Mitt Romney famously insisted that corporations are people. We can disagree about the nature and …Cathy Moran, Esq.
Get A New String To Your Bankruptcy BowSuccess in the business of bankruptcy law lies in not chasing the run of the …Cathy Moran, Esq.
Mortgage Forgiveness Tax Break Renewed
Mortgage Forgiveness Tax Break RenewedThe tax break protecting homeowners from phantom income when their homes are foreclosed was reauthorized …Cathy Moran, Esq.
Mastery Favorites From 2012
Mastery Favorites From 2012Less than a week to go in 2012.  Rather than float a new idea, I …Cathy Moran, Esq.
Chapter 13 debtors need health insurance
The Best Reason To Reduce Chapter 13 PaymentsWhen life intervenes during the course of a Chapter 13 case, we can modify the …Cathy Moran, Esq.
Chapter 13 plans can be modfied
When The Chapter 13 Plan Has A FlatThe Chapter 13 completion rate for confirmed plans in San Jose is 65%. Nationally, it’s …Cathy Moran, Esq.
Timing for bankruptcy case
Don’t File Bankruptcy (Now)Timing is everything. Hitting a round ball with a cylindrical bat is a matter of …Cathy Moran, Esq.
Bankruptcy exemption tricks
5 Tricks For Bankruptcy ExemptionsI’ve spent hunks of the past couple of days working exemption issues in cases we’re …Cathy Moran, Esq.
Bankruptcy case post mortem
How Did The Autopsy Go?Bankruptcy cases in our offices have a relatively short life span and our involvement in …Cathy Moran, Esq.
Bankruptcy Attorney As StorytellerWe get so caught up in putting the right stuff in the right place on …Cathy Moran, Esq.
Whose Property Is It At Conversion?Twenty years in, it’s still undecided. We have no uniform rule on what happens to …Cathy Moran, Esq.
Brokerage Agreement Boilerplate May Cost Client Their IRATalk to Chuck and lose your IRA? That’s the prospect suggested by a recent bankruptcy …Cathy Moran, Esq.
Join Me For A Day Of Online Marketing On December 8, 2012Once upon a time,  a raft of  consumer bankruptcy lawyers were lost in Googleland. The …Cathy Moran, Esq.
The Mystery Of Adequate ProtectionAdequate protection in operation seems to stump new bankruptcy lawyers. How does the adequate protection …Cathy Moran, Esq.
Means Test & Chapter 13 Plan SlidesThe slides from my presentations at Amelia Island last weekend can be downloaded here:  https://www.bankruptcymastery.com/workshopslide/Cathy Moran, Esq.
My Choice of Nuggets From NACBA WorkshopWrap up from Amelia Island NACBA Workshop Anytime you spend time rubbing shoulders with other …Cathy Moran, Esq.
Bankruptcy Ethics: Candor v. ConfidentialityCrack of dawn from Amelia Island:  a  crackerjack program on bankruptcy ethics with Judge Thomas …Cathy Moran, Esq.
Bankruptcy Case Law UpdateI can’t type fast enough to summarize Henry Sommer’s comments on the cases, but I’ll …Cathy Moran, Esq.
Changes to Bankruptcy RulesJohn Rao reported on rule changes that will become effective December 1.   There are only …Cathy Moran, Esq.
From NACBA Amelia IslandGreetings from the NACBA 2012 workshop at Amelia Island.  And it really does look like …Cathy Moran, Esq.
Hold Your Questions (Til Friday)I’m packing up for NACBA’s Fall Workshop in Amelia Island, starting with the Thursday night …Cathy Moran, Esq.
Arm Yourself For Battle With CreditorsMost contests have rules.  Charny wrote on medieval jousting; Hoyle on cards;  Queensberry on boxing. …Cathy Moran, Esq.
Property That Has Come And GoneLife has a way of moving on, even when the client is in a Chapter …Cathy Moran, Esq.
The Worm In The Debt Forgiveness OfferLetters in the client’s mailbox superficially offer great news:  the junior mortgage will be forgiven! …Cathy Moran, Esq.
Does Your Intake Process Make For Happier Clients?“My staff is spending too much time on the phone with clients:  how do I …Cathy Moran, Esq.
Good Service Isn’t Automatic When The Stay Isn’t EitherSometimes it seems that the substance of the law is easier than procedure.  Adequate service …Cathy Moran, Esq.
Tax Troubles AheadSevere weather alert:  IRS turbulence spotted The head of our local IRS insolvency section announced …Cathy Moran, Esq.
Polish Your Advocacy MindsetBe an advocate-your client has enough opponents. It’s no accident that the word for lawyer …Cathy Moran, Esq.
New Kid On The SoCal Bankruptcy BlockI’m deviating from the usual here to cheer on my friend and partner in the …Cathy Moran, Esq.
On Pricing The Consumer Bankruptcy Case And Involuntary Pro Bono WorkYou probably spend hours in service of your client without compensation.  At least, that’s how …Cathy Moran, Esq.
How To View Preferences Through The Lens Of A Chapter 13Chapter 13 is often the chapter of choice when the client’s financial past includes avoidable …Cathy Moran, Esq.
Documents Be DamnedContrary evidence can trump the pre printed form. I saw it in a case I …Cathy Moran, Esq.
Fifty Shades of Summer at MasterySummertime.….another Gershwin song. Maybe the living is easy, and maybe not.  Bankruptcy is a challenging …Cathy Moran, Esq.
choice of chapter
George Gershwin Does BankruptcyCases keep getting referred to my office when the clients are over the debt limits …Cathy Moran, Esq.
Best Bankruptcy CLE For Under A BuckWhat bankruptcy can and cannot do for borrowers in distress is the subtitle of a …Cathy Moran, Esq.
Bankruptcy’s Three Little WordsLike waltz tempo, there’s an appeal in threes: Larry, Moe, and Curly Faith, hope, and …Cathy Moran, Esq.
Get To The Heart Of This Lien BusinessWhen I trip over the same issue three times in a week, it’s time to …Cathy Moran, Esq.
No Hits, No Runs, But Lots Of ErrorsTheir unconfirmed Chapter 13 case was dismissed and the unrepresented debtors sitting before the judge …Cathy Moran, Esq.
Win at Confirmation, Lose the HouseThe finality of plan confirmation was a two edged sword for the debtor’s lawyer defending …Cathy Moran, Esq.
Name Your TuneOK, it’s summer.  Our minds wander. We wish we were at the beach. So, fritter …Cathy Moran, Esq.
What You Need To Know About Title To The HouseIt was community property that garnered me my first hug from Doug Jacobs. Or rather, …Cathy Moran, Esq.
Face Off With Secured CreditorWhen faced with a disputed lien strip, don’t discount the possibility of compromise. I wrote …Cathy Moran, Esq.
High Income Debtors & Money On The TableUsually my posts here have a message or a lesson imbedded. This one doesn’t, unless …Cathy Moran, Esq.
Pot (Plan), Anyone?What’s a Chapter 13 pot plan, you ask. Not one drafted while under the influence, …Cathy Moran, Esq.
How Much Does My Plan Have To Pay?When an inexperienced Chapter 13 practitioner asks how much a plan has to propose to …Cathy Moran, Esq.
Why Ask Why?Any parent who’s lived through the terrible 2’s  knows the appeal, and the annoyance, of …Cathy Moran, Esq.
Scary Peak At Loan Mod FutureLoan modifications and the relative casualness with which they are documented scare me. Given the …Cathy Moran, Esq.
Five Shortcuts To The Latest In BankruptcySomeone asked me the other day how I keep up on cases. I bit my …Cathy Moran, Esq.
How To Avoid Being Thrown Under The Bankruptcy BusBankruptcy lawyers find themselves thrown under the proverbial bus time and again. Clients contradict themselves, …Jay Fleischman, Esq.
mopping up business
Can You Clean Up After Business Closure?Whether it makes sense to file a Chapter 7 for a corporation is a nuanced …Cathy Moran, Esq.
Why No Look Fees Are No Good For Bankruptcy LawyersNo look fees for bankruptcy cases are comfortable and easy for the practitioner. You can …Cathy Moran, Esq.
Here's A Way To Rescue Your Client's Exemptions
Here’s A Way To Rescue Your Client’s ExemptionsDo you know which ignored prefiling issue  triggers the most reopened bankruptcy cases? I’ve got …Cathy Moran, Esq.
Here Are 3 Ways To Cram Down A Car In Spite Of The Hanging ParagraphThere are three labeled exits from the 910 freeway.  Find one and you save your …Cathy Moran, Esq.
Top Ten Takeaways From NACBA ConventionA week after the NACBA convention, I’ve almost caught up on practice paperwork, continuing education …Cathy Moran, Esq.
What I Learned In San Antonio, And What We MissedAfter a long weekend with 900 bankruptcy colleagues, I’ve been thoroughly reminded about all that …Cathy Moran, Esq.
NACBA San Antonio: Marketing A Bankruptcy PracticeOur presenter was Larry DePalma, an affable guy who identified himself as  a marketing expert. …Jay Fleischman, Esq.
Evidence Rules In Mortgage LitigationJudge Pamela Pepper convened a “hearing” on related disputes involving a debtor’s mortgage, the creditor’s …Cathy Moran, Esq.
Remember the Big Stuff: Protecting Retirement and Business AssetsHon. Susan Kelley, U.S. Bankruptcy Court (Milwaukee, WI) Behrooz Vida, Esq. (Bedford, TX) Retirements asset …Jay Fleischman, Esq.
Whoa! Watch Out For PreferencesElaine Dowling, Esq. (Oklahoma, OK) Hon. Margaret Mahoney, U.S. Bankruptcy Court (Mobile, AL) For the …Jay Fleischman, Esq.
Low Down On AG Mortgage SettlementA last minute addition to the program for Saturday was a presentation on the nation …Cathy Moran, Esq.
Stripping in San AntonioJohn Rao, NACBA Vice President, and Judge Leif Clark presented the program on lien stripping. …Cathy Moran, Esq.
Struggling to SurrenderHere’s what I would have blogged live if the interest in our live blogging hadn’t …Cathy Moran, Esq.
Washington, Rules & NCBRCHere’s what I would have blogged for the second session on Friday’s NACBA Convention. It …Cathy Moran, Esq.
NACBA Live Blog: Caselaw UpdateWelcome to the 20th annual NACBA convention, here in San Antonio, TX.  We’ll be live …Jay Fleischman, Esq.
Bankruptcy Mastery Will Provide Live Coverage Of NACBA San Antonio ConventionI hate taking notes during conventions.  I know I should, but I don’t do it …Jay Fleischman, Esq.
Muse of Knowledge
Revisiting Those Things I Just “Know”One of the stock lines in my sermon to clients about the importance of telling …Cathy Moran, Esq.
Can I Have Those Words Back, Please?It was one of those occasions when in retrospect, you’re certain there is no neural …Cathy Moran, Esq.
Why Courtroom Rules Work In Your Conference Room
Why Courtroom Rules Work In Your Conference Room“Objection: calls for a legal conclusion.” That’s a perfectly good courtroom objection to a question …Cathy Moran, Esq.
The Business Lease:  Who's On First?
The Business Lease: Who’s On First?A business lease often looms as one of the biggest claims in a bankruptcy case …Cathy Moran, Esq.
A Dozen Nuggets Hidden In The Tax Return
A Dozen Nuggets Hidden In The Tax Return  Read any interesting tax returns lately? As bankruptcy lawyers, we’re required to collect them …Cathy Moran, Esq.
Buried Treasures Your Clients Don't Disclose
Buried Treasures Your Clients Don’t Disclose  I had spent at least six hours with the clients over several months, strategizing …Cathy Moran, Esq.
Bankruptcy lawyers as competitors
Can You Afford To Help Your Competitors?Why should I help my competitors? That was the query of a highly experienced bankruptcy …Cathy Moran, Esq.
Evidence: even in bankruptcy cases
Prove It!Kismet,  def. fate or destiny, seemed to be in play this weekend. Or maybe it’s …Cathy Moran, Esq.
Maybe You Already Knew...
Maybe You Already Knew…I learned something new last week and it took the ***!#### means test to teach …Cathy Moran, Esq.
Stop Wrestling With Lien Stripping
Stop Wrestling With Lien Stripping  If there’s a bright spot in the midst of this recession, it’s the thrill …Cathy Moran, Esq.
Don't Pay Too Much In Chapter 13
It’s Not Smart To Overpay    Some mistakes the Chapter 13 trustee will call you on;  others go unremarked. …Cathy Moran, Esq.
New Bankruptcy Wrinkle
A New Wrinkle With Client AgeThis seems to have been my season for issues driven by testamentary, or pseudo testamentary …Cathy Moran, Esq.
Counsel, get it right
When Bankruptcy Attorneys Put Their Clients In Default    The Chapter 13 Trustee almost snarled from the counsel table at last week’s …Cathy Moran, Esq.
Push back to call to improve bankruptcy bar
A Call To Action To All Bankruptcy Lawyers    My call to the inept bankruptcy practitioners to get better or get out …Cathy Moran, Esq.
How Can I Help?
How Can I Help?After I unloaded on the incompetence I saw in the courtroom last week, it’s only …Cathy Moran, Esq.
Become better bankruptcy attorney or get out
Get Better Or Get OutI spent a painful day in court watching two contested Chapter 13 confirmation calendars.  It …Cathy Moran, Esq.
Bankruptcy lawyer as armoured knight
Battling Uncle Sam In The Bankruptcy CourtIt’s rare when you can get Uncle Sam to funnel clients in your door of …Cathy Moran, Esq.
Learn to defend relief from stay
The Lift Stay Motion And The Accidental LitigatorIt’s ironic that lots of us chose bankruptcy as a specialty because we didn’t want …Cathy Moran, Esq.
Chapter 13 hardship discharge: when the plan is derailed
The Chapter 13 Arsenal Is Incomplete Without This Unsung HeroI beat the Chapter 13 trustee on what’s necessary to get a hardship discharge the …Cathy Moran, Esq.
Why You Need To Know The Three Musketeers Of BankruptcyIn literature, the three musketeers answered to  Athos, Porthos, and Aramis.  In the world of …Cathy Moran, Esq.
Need A Bankruptcy Form or Local Rule For A Mortgage Case?
Need A Bankruptcy Form or Local Rule For A Mortgage Case?  The National Consumer Law Center once again takes on a gargantuan task at the …Cathy Moran, Esq.
Incendiary combination: family law and bankruptcy
Divorce and Bankruptcy: Frequent & Discordant PairingI hadn’t hit the steps of my office  on the way back  from a speaking …Cathy Moran, Esq.
Go Back, Says Mortgage Law Expert
Go Back, Says Mortgage Law Expert  Pamela Simmons is one of the towering figures in the field of mortgage law, …Cathy Moran, Esq.
Get bankruptcy debtors out of means test jail
Get Your Client Out Of The Means Test JailAs much as the means test is a pain in the neck, why don’t more …Cathy Moran, Esq.
You Can't Tell The Players Without A Scorecard
You Can’t Tell The Players Without A Scorecard    The business bankruptcy version of “who’s on first” is the inquiry:  who is …Cathy Moran, Esq.
Humpty Dumpty and Statutory Interpretation
Humpty Dumpty and Statutory Interpretation  After all the time I spend cajoling, suggesting, demanding that bankruptcy lawyer READ THE …Cathy Moran, Esq.
Chapter 13 Trustee Makes A Christmas List
Chapter 13 Trustee Makes A Christmas ListOK, so I’m behind.  Christmas was three weeks ago. I’m just getting around to sharing …Cathy Moran, Esq.
Bankruptcy's Three Very Important Little Words
Do You Know Bankruptcy’s Three Little Words?  They’re not “I love you” or even “I am sorry”. They’re bequest, devise, and …Cathy Moran, Esq.
Federal bankruptcy exemptions
Name That ExemptionOK, readers.  It’s time for a pop quiz. How many non bankruptcy, federal exemptions can …Cathy Moran, Esq.
New Year's Resolutions:  What Challenges Me
New Year’s Resolutions: What Challenges MeI asked you last week to identify the challenges in your practice.  I heard cries …Cathy Moran, Esq.
Something missing
What Did The Lawyer Miss?Something was missing:  the brief on behalf of a creditor with a lien argued vigorously …Cathy Moran, Esq.
Rope bridge over the bankruptcy chasm
What’s Your Next Challenge?Ever feel like the practice of consumer bankruptcy law resembles crossing the chasm on a …Cathy Moran, Esq.
Federal Practice Manual Free Online
Friday Freebie  Budget flat?  Business slow?  How about a federal practice manual, on line, for free? …Cathy Moran, Esq.
DIY probate avoidance and bankruptcy don't mix
Avoid Probate: Lose The Property In Bankruptcy InsteadWhether it’s fear of the cost of lawyers or joinder in probate-phobia, the public’s do-it-yourself …Cathy Moran, Esq.
Deduct necessary health insurance costs
When The Means Test Is Not So Mean  It isn’t often that the newspaper provides ideas for this site, whose focus is …Cathy Moran, Esq.
Wait to file Chapter 13
Wait, Wait, Don’t FileThree weeks til the New Year and I’m starting to look at each Chapter 13 …Cathy Moran, Esq.
Bankruptcy Advice Lost In Translation
Bankruptcy Advice Lost In TranslationHow do you misunderstand me…let me count the ways. A year into a confirmed Chapter …Cathy Moran, Esq.
Two Free Treasures For Bankruptcy Lawyers
Two Free Treasures For Bankruptcy LawyersHowdy, nice of you to drop in.  Now, I’ve got two reasons for you to …Cathy Moran, Esq.
Exemption Gold For Bankruptcy
Finding Exemption Gold In The Probate CodeWould you expect to find an exemption applicable in bankruptcy in the probate code? But …Cathy Moran, Esq.
New Bankruptcy Lawyers Know Only Law
Expect The World, New Bankruptcy Lawyers!The New York Times challenges us to “Expect The World.”  For the new bankruptcy lawyer, …Cathy Moran, Esq.
How Long Can Underwater Lien Hold Its Breath?
How Long Can Underwater Lien Hold Its Breath?What happens to an underwater mortgage after a Chapter 7?  That was the sorta metaphysical …Cathy Moran, Esq.
Consumer Is A Bad Word
Consumer Is A Bad WordI’m not usually at a loss for words, but I’m certainly less than excited about …Cathy Moran, Esq.
What Are We Worth As Bankruptcy Lawyers?
What Are We Worth As Bankruptcy Lawyers?I sat with a new client discussing his bankruptcy options, puzzling how to price a …Cathy Moran, Esq.
Tell Them Apart: Exempt  and  Exclude
Tell Them Apart: Exempt and ExcludeNew  and not so new bankruptcy lawyers muddle the difference between “exempt” and “exclude“.  It …Cathy Moran, Esq.
Unfinished Business Of Learning The Law
Unfinished Business Of Learning The Law  Every legal seminar needs an extra day, in solitude, to internalize what you’ve “learned”. …Cathy Moran, Esq.
NACBA Workshops A Real High For Bankruptcy Lawyers
NACBA Workshops A Real High For Bankruptcy LawyersThe content and the company at NACBA’s fall workshops has me flying. I’ve come off …Cathy Moran, Esq.
Why you should want your competition to become better bankruptcy lawyers
Why you should want your competition to become better bankruptcy lawyersSounds counter intuitive, doesn’t it? It should be easier to be a stand out if …Cathy Moran, Esq.
Did You Forget Bankruptcy's Magic Words?
Did You Forget Bankruptcy’s Magic Words?We have an incantation that, uttered when you file the bankruptcy schedules, protects us from …Cathy Moran, Esq.
Courtroom Journal:  Hardship Discharge & Rotten Economy
Courtroom Journal: Hardship Discharge & Rotten EconomyIs the current  rotten economy and marginal job skills a circumstance for which a Chapter …Cathy Moran, Esq.
Two Things To Do When The Phone Has Stopped Ringing
Two Things To Do When The Phone Has Stopped RingingIf you are lonely as the Maytag repairman in this lull in bankruptcy filings, add …Cathy Moran, Esq.
How To Cope With The Slowdown In Bankruptcy Filings
How To Cope With The Slowdown In Bankruptcy FilingsWhen you’re really, really busy in the bankruptcy business, you long for some quiet.  Fewer …Cathy Moran, Esq.
My Favorite Things About Being A Bankruptcy Lawyer
My Favorite Things About Being A Bankruptcy LawyerLawyers consistently ask me why I became a bankruptcy lawyer.  If you’re thinking of diving …Cathy Moran, Esq.
11/11/11 - The Next Big Thing
11/11/11 – The Next Big ThingIf you’re interested in improving your practice and profitability then you’ll likely be interested in …Cathy Moran, Esq.
bankruptcy practice evolution
10 Ways The Practice Of Bankruptcy Law Has Changed In 30 YearsDoesn’t every elder’s story about the past begin, “When I was your age…”? It’s not …Cathy Moran, Esq.
Are You The Calculating Type?
Are You The Calculating Type?I get a surprising number of questions about objecting to  claims in a bankruptcy case:  …Cathy Moran, Esq.
Labor Day Feel Like New Years?
Labor Day Feel Like New Years?Over at MoneyHealthCentral, where Jay and I write for consumers about money , I did …Cathy Moran, Esq.
Lien Stripping in Chapter 20
Lien Stripping in Chapter 20  A debtor’s right to strip off a wholly unsecured lien is not dependent on …Cathy Moran, Esq.
Family, Friends And Chapter 13
Family, Friends And Chapter 13The drafters of the 1978 Bankruptcy Code knew something about the lives of real people …Cathy Moran, Esq.
exclude include
Include Me NotProposed: the word “included” shall be stricken from the vocabulary of any bankruptcy lawyer. A …Cathy Moran, Esq.
The Chapter 13 Plan Light Bulb Moment
The Chapter 13 Plan Light Bulb MomentDo I have to cure the arrears on the car loan and pay off the …Cathy Moran, Esq.
Uncovering the bankruptcy facts
How To Learn The Truth Behind The Asset  When credit is a commodity, family are friends, and creditors are not, strange things …Cathy Moran, Esq.
Retreating property values strand would be Chapter 13 debtors
Four Ways Around The Chapter 13 Debt LimitBankruptcy needs a higher debt limit, too. My topic at the Bar Association of  San …Cathy Moran, Esq.
Adjusting debtor attitudes
Bankruptcy Relief And Something For NothingThis rant is for clients, and for bankruptcy lawyers who have to “adjust” the expectations …Cathy Moran, Esq.
Bankruptcy practice changes
A Bankruptcy Lawyer’s Work Is Never DoneYour job isn’t done at confirmation of a Chapter 13 plan.  Our clients’ lives keep …Cathy Moran, Esq.
Good Bankruptcy Lawyers Let It All Hang Out
Good Bankruptcy Lawyers Let It All Hang OutWhich bankruptcy schedule does this go on?  Can’t tell you how many questions I field …Cathy Moran, Esq.
lightsabers crossed
Lien Stripping And Dueling AppraisersWhen the appraisals clash, and the fate of a junior lien of thousands of dollars …Cathy Moran, Esq.
Is There A Shortcut To Learning Bankruptcy Law?
Is There A Shortcut To Learning Bankruptcy Law?Got a shingle and a hankering to be a bankruptcy lawyer?  Need to eat regularly?  …Cathy Moran, Esq.
Why Choose Bankruptcy For a Judgment Proof Elder?
Why Choose Bankruptcy For a Judgment Proof Elder?Preserving exempt property for the next generation may justify a bankruptcy filing  for a judgment …Cathy Moran, Esq.
Bankruptcy Attorney's Guide To Post Dated Checks
Bankruptcy Attorney’s Guide To Post Dated ChecksRemember the medieval maps that warned “there be dragons”?  In the bankruptcy world, those dragons …Cathy Moran, Esq.
Lessons For Bankruptcy Lawyers In Casey Anthony Trial
Lessons For Bankruptcy Lawyers In Casey Anthony TrialThere’s only one lesson here:  it all turns on the evidence. It is widely believed …Cathy Moran, Esq.
Are You A Potted Plant?
Are You A Potted Plant?  Brendan Sullivan famously explained his role as an attorney in the Iran-Contra hearings by …Cathy Moran, Esq.
Eyes and Ears In The Courtroom
Eyes and Ears In The CourtroomHis matter had been called and disposed of earlier in the Chapter 13 calendar.  Yet …Cathy Moran, Esq.
Can The McCourts Dodge A Bullet In Dodger Bankruptcy?
Can The McCourts Dodge A Bullet In Dodger Bankruptcy?The Dodgers’ bankruptcy filing is titillating,   involving big time sports, a feud between team …Cathy Moran, Esq.
How to make a bankruptcy judge erupt
Cash Collateral Can Crater Bankruptcy Cases And CareersWant to make a bankruptcy judge go ballistic?  It’s easy: demonstrate ignorance or indifference to …Cathy Moran, Esq.
Ring Around Bankruptcy Law: Don't Fall Down
Ring Around Bankruptcy Law: Don’t Fall DownI read it on the Internet: it must be so. Or not.  I found another …Cathy Moran, Esq.
Watch Out For The Ripple Effects of Bankruptcy
Watch Out For The Ripple Effects of BankruptcyNo man, and the rare bankruptcy debtor, is an island.  He or she comes with …Cathy Moran, Esq.
Beware Predatory Lenders In Sheep’s ClothingJust when you thought mortgage lender behavior couldn’t get more odious or indifferent, they prove …Cathy Moran, Esq.
10 Essential Skills
Get The Tools You NeedYou filed the case.  If you’re asking, ” Now, what do I do?“,  join me …Cathy Moran, Esq.
The Electronic Shortcut To Perdition
The Electronic Shortcut To PerditionDidn’t someone wise say that the road to hell is paved with good intentions?  So,  …Cathy Moran, Esq.
Pick Bankruptcy, Take Care of The Tax
Pick Bankruptcy, Take Care of The TaxThe rule that Uncle Sam comes first, in bankruptcy, can be a life saver, even …Cathy Moran, Esq.
Five Reasons To Break Up Couples
Five Reasons To Break Up CouplesConsider that your job as a bankruptcy attorney may be to separate married couples. Huh, …Cathy Moran, Esq.
Are You Throwing Your Bankruptcy Client To The Predators?
Are You Throwing Your Bankruptcy Client To The Predators?Behind every IRS tax audit lurks the state taxing authority.  Fail to give the state …Cathy Moran, Esq.
The Bankruptcy Thigh Bone Is Connected To The Hip Bone
The Bankruptcy Thigh Bone Is Connected To The Hip BoneThe entire mass of information in the bankruptcy schedules is interconnected in ways our clients …Cathy Moran, Esq.
What To Say When You Have No Answer
What To Say When You Have No AnswerWhat do you do when you don’t know the answer to a bankruptcy client’s questions?  …Cathy Moran, Esq.
Think Beyond The Means Test
Think Beyond The Means TestIt started as a means test question:  could emergency medical expenses be deemed non consumer …Cathy Moran, Esq.
Bankruptcy Cases And Making Change Happen
Bankruptcy Cases And Making Change HappenThe axiom that the only thing constant is change certainly applies in the practice of …Cathy Moran, Esq.
Know the Rules of Debt, Divorce & Discharge
Know the Rules of Debt, Divorce & DischargeToday let’s combine the themes of  my last two posts here and talk about the …Cathy Moran, Esq.
Are You Playing Chapter 7 With A Full Deck Of Cards?
Are You Playing Chapter 7 With A Full Deck Of Cards?If unscheduled assets are discovered by the trustee, can you dismiss a Chapter 7 case? …Cathy Moran, Esq.
Bankruptcy & Divorce:  Property Settlements
Bankruptcy & Divorce: Property SettlementsOne change brought by BAPCPA made the choice of chapter in bankruptcy much clearer:  the …Cathy Moran, Esq.
Beware The Trustee Carrying Tax Losses
Beware The Trustee Carrying Tax LossesA tax loss carryforward in the hands of a bankruptcy trustee can have results as …Cathy Moran, Esq.
Bankruptcy's Short Tax Year: Gem Hidden In Plain Sight
Bankruptcy’s Short Tax Year: Gem Hidden In Plain SightDouble your tax returns, double your fun? Well, maybe taxes aren’t fun, but they are …Cathy Moran, Esq.
Looking To Be Sued?Making a special appearance for a colleague has the potential to embroil you in a …Cathy Moran, Esq.
More Tax Refund Tweaks to Thwart Trustees
More Tax Refund Tweaks to Thwart TrusteesChecking the client’s prior tax return and grilling the client allowed my partner to find …Cathy Moran, Esq.
What You Need To Know About Converted Cases
What You Need To Know About Converted Cases“No, Mr. Trustee, you can’t have my client’s tax refund.”  Honestly, those have to be …Cathy Moran, Esq.
Getting The Fundamentals
Getting The FundamentalsIt’s a romantic notion that we can dive into the deep end of the pool …Cathy Moran, Esq.
When It's Good To Be Abandoned
When It’s Good To Be AbandonedQuick: what’s § 554? It’s the section that allows any party to move for an …Cathy Moran, Esq.
7 Rules For The 341 Balancing Act
7 Rules For The 341 Balancing ActWhat do you do when a hostile creditor shows up at a 341 meeting, and …Cathy Moran, Esq.
Is Good Service A Vanishing Commodity?
Is Good Service A Vanishing Commodity?The lack of good service in bankruptcy courts drove Judge Weissbrodt (ND CA) to post …Cathy Moran, Esq.
Heavy Hitters RecommendInclude the terms of an agreed loan modification in the Chapter 13 plan, John Rao …Cathy Moran, Esq.
“I Didn’t Know That” Gem From The ConventionA hardship discharge is available to debtors who are not current on their post petition …Cathy Moran, Esq.
When A Form 1099 Is Fiction
When A Form 1099 Is FictionThe 1099 form is so well recognized and imbued with authority that it is used …Cathy Moran, Esq.
The Means Test:  The Clunker Allowance
The Means Test: The Clunker AllowanceAs if the means test wasn’t illogical and opaque enough, consider  the unwritten provision for …Cathy Moran, Esq.
Know The First Rule For Bankruptcy Forms
Know The First Rule For Bankruptcy FormsNow retired Judge Jaroslavsky popped this question on a room full of new bankruptcy lawyers:  …Cathy Moran, Esq.
The Means Test: Where The Blind Lead The Sighted
The Means Test: Where The Blind Lead The SightedThe people who sit in judgment on the adequacy of your b-22 and your means …Cathy Moran, Esq.
The $1000 Word
The $1000 WordWord choice in a fee application cost a Chapter 13 lawyer $1000 yesterday.  We all …Cathy Moran, Esq.
Beware The Taxes That Follow Foreclosure
Beware The Taxes That Follow ForeclosureWho cares about stopping the foreclosure, it’s stopping the tax that results from foreclosure. It’s …Cathy Moran, Esq.
The Real Truth About Bankruptcy Lawyers & ClientsWe live in two different worlds, the client and the bankruptcy attorney. “Creditors”,  for debtors, …Cathy Moran, Esq.
End Run On Chapter 7 TrusteeI found one more reason to file 13 when there MAY be non exempt equity. …Cathy Moran, Esq.
The Price Is Not RightValue, like beauty, is in the eye of the beholder. The value of  the debtor’s  …Cathy Moran, Esq.
Automate Yourself Straight To Bankruptcy MalpracticeThe debtor’s attorney had him input the schedules through a subscription “bankruptcy interview”  website, printed …Cathy Moran, Esq.
4 Ways To Know If You've Got A Bankruptcy Preference Problem
4 Ways To Know If You’ve Got A Bankruptcy Preference ProblemWhen should the debtor care about preferences?  When it was family or they are filing …Cathy Moran, Esq.
How Much Of Your Client Are You Exposing?Do you meekly send your client’s tax return to creditors at their request?  Two different …Cathy Moran, Esq.
Here’s How To Charge More For A “Simple” Bankruptcy CaseClient buy- in and time records saved a Florida bankruptcy attorney from disgorging fees twice …Cathy Moran, Esq.
fee applications and storytelling
Why A Successful Fee Application Needs A StoryNewly appointed to the bench, the young judge considering a calendar of fee applications  complained …Cathy Moran, Esq.
Perils Of The CourtroomThe judge approved my fee application for another $8,000 in a Chapter 13 that was …Cathy Moran, Esq.
When It Doesn’t Add UpIt wasn’t a week after my friend Fredrick’s presentation on due diligence for bankruptcy lawyers …Cathy Moran, Esq.
Five Steps To Due DiligenceOur professional well being and the successful outcome of the client’s case may well depend …Cathy Moran, Esq.
A Tax Reminder for Chapter 13 DebtorsDon’t let your client forget to look at the Chapter 13 trustee’s disbursements in the …Cathy Moran, Esq.
10 Clues in The Debtor’s Tax ReturnVital information lurks in the debtor’s tax return.  Are you flushing that information out and …Cathy Moran, Esq.
Don’t Take The Client At His WordGiven all the energy bankruptcy lawyers spend extracting information from clients, it’s discordant to point …Cathy Moran, Esq.
Get Exemption Claims Under The LimitThe rookie bankruptcy lawyer was clearly proficient at math, but forgot the bankruptcy administration end …Cathy Moran, Esq.
this way to enforce discharge
How To Enforce The Discharge InjunctionEvery once in a while, courts tell us explicitly how to do things.  The 9th …Cathy Moran, Esq.
bank float in bankruptcy
What The Bankruptcy Trustee Hopes You ForgetRemember the float?  Your client’s check book balance may not be the funds on hand …Cathy Moran, Esq.
2010 Tax Return Imperative in Chapter 13Got to file the 2010 tax return to get your Chapter 13 plan confirmed is …Cathy Moran, Esq.
Find The Avoidable Transfers Before Trustee DoesRemember “Where’s Waldo”?  As a bankruptcy lawyer, can you pick the transfer out of the …Cathy Moran, Esq.
Roadmap To Car ValueWhen the judge’s response to a dispute about a vehicle’s value is to hold an …Cathy Moran, Esq.
The Best MCLE Hour EverI’ve been admitted to the bar in California for 33 years and for most of …Cathy Moran, Esq.
bankruptcy means test taxes
Use The Real Tax Due Date For Means TestCalifornians:  did you know property taxes were due earlier this week? Huh? you say.  Property …Cathy Moran, Esq.
Differing Dollars In Chapter 13 Plan vs. ClaimWho wins when the mortgage arrearages in the Chapter 13 plan are less than the  …Cathy Moran, Esq.
On The Trail of The Involuntary LienIf you just  ask the client for a bill from each creditor, you stand to …Cathy Moran, Esq.
Case of the Naked ClientThe bankruptcy petition  came to my desk for review with no entry for “clothing and …Cathy Moran, Esq.
Business Partners: Another Phantom CreditorAfter the discharge, the debtor wondered  how her  agreement with a former business partner  to …Cathy Moran, Esq.
Case Closed: Too SoonDo I have to wait til the bankruptcy discharge is entered to avoid a lien …Cathy Moran, Esq.
Writer’s Block And The Bankruptcy SchedulesComes the plaintive call on the phone:  how do I list this? Faced with a …Cathy Moran, Esq.
What Goes In The Chapter 13 Pot
What Goes In The Chapter 13 PotThe rookie bankruptcy lawyer called up to ask if the Chapter 13 plan had to …Cathy Moran, Esq.
Small Business Can Be Big TroubleThe newbies in my neighborhood have had a vigorous online  debate about the risks in …Cathy Moran, Esq.
Welcome New YearIt’s 6:30 am and I’m anxious to get to my office to implement the improvements …Cathy Moran, Esq.
ResolutionsIt’s time to start considering resolutions for the New Year.  I find I’m not very …Cathy Moran, Esq.
earmark tax payments
Why Earmark Tax PaymentsDid you know that a taxpayer making a voluntary payment to the IRS can designate …Cathy Moran, Esq.
Flush Out Client Misinformation
Flush Out Client MisinformationAfter you’ve gasped and giggled at the misleading bankruptcy information spotlighted here earlier, there is …Cathy Moran, Esq.
Blog Heaven
Blog HeavenOn the off chance you want to read  something other than this blog <g>, may …Cathy Moran, Esq.
galactic flare
Produce Real Evidence In Bankruptcy DisputesMore lawyering for faster confirmation of Chapter 13 cases was the advice. The newest judge …Cathy Moran, Esq.
Near Sighted Leading the Blind
Near Sighted Leading the BlindWhen a trainer of bankruptcy paralegals writes about clients failing the Chapter 13 means test,  …Cathy Moran, Esq.
venus flytrap with victim
Amended Bankruptcy Rule Provides More TimeOne of the traps for debtors instituted with BAPCPA is the provision that an individual’s …Cathy Moran, Esq.
Ask “Why Me?” When It’s Chapter 11Young bankruptcy attorney was approached to file a Chapter 11 for an LLC developing a …Cathy Moran, Esq.
Household Size Vanishes From Means Test FormDrafters of the official bankruptcy forms have excised “household size” from the B-22 where we …Cathy Moran, Esq.
Rich Personal Finance Resource For ClientsIntroduce your clients to Money Health Central, a sound source of ideas and tools for …Cathy Moran, Esq.
Swimming Upstream Against The Current of Client OptimismInflated value provided by client  in bankruptcy schedules comes back to bite debtor when Chapter …Cathy Moran, Esq.
Taxes, Bankruptcy & The New YearConsider delaying the filing of  Chapter 13 cases where the debtor expects to owe taxes …Cathy Moran, Esq.
Where Are The Answers For The Consumer Bankruptcy Lawyer?Tell me what to read if my client has  Issue A, and what to read …Cathy Moran, Esq.
The Rules ChangeDecember 1, the Federal Rules of Bankruptcy Procedure change. If you can’t tell the players …Cathy Moran, Esq.
Thanks BeProfessionally, what am I thankful for? I’m thankful for experience and a skill set useful …Cathy Moran, Esq.
Consumer Debt Label Matters in 13Consumer debt?  Non consumer debt?  Have mostly non consumer debt and you get a pass …Cathy Moran, Esq.
What’s Hardest Part Of Being New To Bankruptcy?How about we reverse the flow of information here and you tell me what the …Cathy Moran, Esq.
Number One Reason to Avoid Taking a Chapter 11Put aside inexperience:  the most important reason not to take on a Chapter 11 is …Cathy Moran, Esq.
Really Subtle Trick For Discharging TaxesWhile the IRS shows the early withdrawal penalty for taking money from an IRA as …Cathy Moran, Esq.
Meet Me in Puerto RicoDateline:  San Francisco International Airport I’m leaving on a jet plane, to coin a phrase<g>, …Cathy Moran, Esq.
Twelve Ways to Tweak Schedule JWhen the debtor’s Schedules J shows a significant number on the bottom line, that “excess income” …Cathy Moran, Esq.
New Bankruptcy Lawyers – Beware Strangers With CandyConcern for bankruptcy clients who weren’t well represented by brand new bankruptcy lawyers got me …Cathy Moran, Esq.
The Mystery Of The Disappearing Means Test DeductionJust when you thought you figured out the means test, a debtor throws you a …Cathy Moran, Esq.
means teat
Means Test: Mean and MeaninglessYears after BAPCPA became law, I’m still grinding my teeth about the inanity of the …Cathy Moran, Esq.
Means Test: Getting Business Income CorrectI expect clients to conflate themselves and their wholly owned business corporation;  I didn’t expect …Cathy Moran, Esq.
Means Test & The Exemption See-SawWhat can my client do with non exempt cash or readily saleable items not protected …Cathy Moran, Esq.
Means Test Income And The Annual BonusThe means test can be seen as a simple form in your bankruptcy petition preparation …Cathy Moran, Esq.
Clients, Competence & PerjuryThe schedules are signed under penalty of perjury.  Just for certainty, let me say it …Cathy Moran, Esq.
Counting to 90This week I have apparently discovered bankruptcy lawyers who can’t count to 90.  Amazing, isn’t …Cathy Moran, Esq.
Primer on Reaffirmation AgreementsEvery Chapter 7 case with a car loan presents a reaffirmation dilemma.  Should the client …Cathy Moran, Esq.
Means Test: Encouraged to Screw UpWith the influx of new personnel at the trustee’s office, I’m seeing more flat wrong …Cathy Moran, Esq.
Four Means Test Mistakes: TaxesAre you guilty of any of these means test mistakes dealing with taxes? Using the …Cathy Moran, Esq.
Means Test: Good Enough Isn’t Good EnoughEarly in the life of BAPCPA, I sat down to review a means test with …Cathy Moran, Esq.
Maximizing the Initial Client InterviewThe first meeting with a bankruptcy prospect is the best and hardest work I do. …Cathy Moran, Esq.
Newbie Summer Reading: Rake v. WadeOne more case before summer’s over:  Rake v. Wade. This one is interesting because it …Cathy Moran, Esq.
Bankruptcy and Offers in CompromiseThis one is for Lex and Gail and follows up on Peeling the Onion, about …Cathy Moran, Esq.
Breaking Up Earlier Rather Than LaterI ended up representing a crazy because I had an attorney/client relationship with him when …Cathy Moran, Esq.
Newbie Summer Reading: How LamieBankruptcy cases you need to know by name include Lamie, the Supreme Court’s 2004 pronouncement …Cathy Moran, Esq.
Solo Attorney’s How To GuideLearn how to evaluate a case in 15 minutes; how to decide whether to give …Cathy Moran, Esq.
Get Your General Ed Credits, TooRookie bankruptcy lawyers could do worse than go the California State Bar Convention for a …Cathy Moran, Esq.
I Flunked MindreadingFor six months, I’ve been writing this blog for newish bankruptcy lawyers, trying to imagine …Cathy Moran, Esq.
Client as Onion: Peeling Down To The CoreWhen we finally got there, the client’s reluctance to wait 8 weeks to file bankruptcy …Cathy Moran, Esq.
Bankruptcy Cases One At A TimeHave you encountered the St. Johns University Law School bankruptcy case blog? On line, free, …Cathy Moran, Esq.
Financial Information for Financially StressedFive friends and I launched a new personal finance site today Money Health Central where …Cathy Moran, Esq.
The Many Hats of a Bankruptcy Lawyer  Lee Rosen, a well known family lawyer, described the demands of his practice thus: …Cathy Moran, Esq.
Bankruptcy Lawyer’s Weapon of ChoiceHow do you make your first assault on a contested matter in bankruptcy? Pick up …Cathy Moran, Esq.
Newbie Summer Reading: RashIs the value of the secured creditor’s claim in a Chapter 13 cramdown what the …Cathy Moran, Esq.
But She’s Not a Creditor!An unliquidated tort cause of action is just as much a “claim” for bankruptcy purposes …Cathy Moran, Esq.
Newbie Summer Reading: Johnson v. Home State BankAfter  a Chapter 7 discharge, is there anything left of a mortgage to reorganize in …Cathy Moran, Esq.
Lien on Phantom Property Upsets Debt TotalsMerely having a lien doesn’t make a lender a secured creditor for Chapter 13 eligibility …Cathy Moran, Esq.
Clients to avoid: those with bankruptcy-adverse spousesDo you scope out the world view of  your prospect’s non filing spouse? I didn’t …Cathy Moran, Esq.
A Bankruptcy Exemption Planning BasicThe most elemental exemption planning tool is to save exempt assets while consuming non exempt …Cathy Moran, Esq.
Who Needs To Learn More Bankruptcy Law?Since the Fundamentals of Bankruptcy course came out, I’ve talked with a number of new …Cathy Moran, Esq.
Bankruptcy Lawyers Needn’t Predict The FutureDo you feel exposed when bankruptcy clients ask about how filing will impact their ability …Cathy Moran, Esq.
Client Horror Story Contains An Asset Of The Bankruptcy EstateDo you recognize your client’s tale of woe with prior professionals or not-so-professionals as signs …Cathy Moran, Esq.
Having “The Talk” With Bankruptcy ClientsAre you prepared to boldly go where no outsider has gone before and challenge the …Cathy Moran, Esq.
What, Me Worry?Do you think I worry about these issues too much? the rookie bankruptcy lawyer asked …Cathy Moran, Esq.
Newbie Summer Reading: DewsnupEver wonder why we can’t strip off unsecured consensual liens in Chapter 7? Meet Mrs. …Cathy Moran, Esq.
Bankruptcy Estate & The Realtor’s Open EscrowHow can bankruptcy trustee’s demand the debtor’s real estate commission from  escrows open when the …Cathy Moran, Esq.
When Delaying The Discharge May Benefit The DebtorEver read, much less used, FRBP 4004(c)(2)? Have to say I’d done neither until Judge …Cathy Moran, Esq.
Means Test Double ChecksHow do the means test health care numbers relate to the same expenses on I …Cathy Moran, Esq.
business leased premises
The Unrecoverable Bankruptcy MistakeWhich of the blunders by prior counsel in Chapter 13 threaten a problem for which …Cathy Moran, Esq.
Do I Have To Read All The Code First?Following the announcement of a class I was to teach on bankruptcy fundamentals, a reader called …Cathy Moran, Esq.
Lien Stripping & Service On The BankBy the end of the afternoon, the judge was pretty tired of turning down lien …Cathy Moran, Esq.
The Evolution Of A Bankruptcy LawyerEvery contrivance of man, every tool, every instrument, every utensil, every article designed for use, …Cathy Moran, Esq.
Self Education: Risky Stuff for Rookie Bankruptcy LawyerThe usual road to a good education is to seek out the best teacher or …Cathy Moran, Esq.
Warning Signs Of A Complex Bankruptcy Case Exposed In The ConsultationIs an initial consultation an opportunity to prevent problems later on in the case? Should …Cathy Moran, Esq.
Learning Bankruptcy On The Job Victimizes ClientsI admit, up front , that I’m steamed.  The clients in my office have a …Cathy Moran, Esq.
Learn Bankruptcy Shorthand: TillPart of the lingo of bankruptcy practitioners are the names of notable bankruptcy cases that …Cathy Moran, Esq.
Don’t Fall for Excluding the Business Credit CardBusiness owners facing bankruptcy are often firmly convinced that only their business is liable for …Cathy Moran, Esq.
Bankruptcy Debtors: Beware the BankDo you ask your prospective bankruptcy clients where they bank?  It matters, you know,  if …Cathy Moran, Esq.
Bankruptcy Planning & The Means TestThe rookie bankruptcy lawyer reported her client had borrowed from his 401(k) and proposed to …Cathy Moran, Esq.
tax liens bankruptcy
6 Basic Points About Tax Liens in BankruptcyEverywhere I’ve looked this week, new bankruptcy lawyers are struggling with client tax liens.  Here’s …Cathy Moran, Esq.
Bankruptcy Checklist: Social Security NumbersDo you check the client’s  proffered   Social Security number against the number on their …Cathy Moran, Esq.
Bankruptcy Notice: Scream or DieAdd to your bankruptcy phrase book: ” notice on a scream or die basis.”   This …Cathy Moran, Esq.
Bankruptcy Abuse & Schedule JThe debtor passed the means test but lost a motion to dismiss for abuse of …Cathy Moran, Esq.
Bankruptcy Schedules Call For Payoff BalanceBankruptcy debtors hear something different when their lawyer asks, “What do you owe on your …Cathy Moran, Esq.
bankruptcy taxes
Bankruptcy’s 3 Year Rule for TaxesTaxes are dischargeable in bankruptcy once they meet the 3 year rule.  Don’t get swept …Cathy Moran, Esq.
Learn the Bankruptcy Lingo: Pots & Percentages
Learn the Bankruptcy Lingo: Pots & PercentagesWhile we’re learning to “walk the walk”, we might as well learn to “talk the …Cathy Moran, Esq.
Bankruptcy Exemption Mistakes Feed Trustee CoffersBankruptcy lawyers who mess up claims of exemptions were the other target of the trustee’s …Cathy Moran, Esq.
New Bankruptcy Lawyers Targeted by TrusteeChapter 7 trustees plan to sue debtor’s lawyers for undisclosed assets, I was told yesterday.  …Cathy Moran, Esq.
Bankruptcy Contested Matters: Won by Showing UpSometimes bankruptcy litigation is won by simple persistence.   As Woody Allen says “80% of …Cathy Moran, Esq.
bankruptcy exemptions
Bankruptcy Exemptions: 10 Ways to Deal with Excess CashBankruptcy lawyers occasionally are confronted with the client with more cash, or other marketable assets, …Cathy Moran, Esq.
Bankruptcy’s Means Test Doesn’t Apply to AllNew bankruptcy lawyers sometimes forget in the flurry over getting the means test right that …Cathy Moran, Esq.
asset value
Assets in Bankruptcy Pose Valuation IssuesA bankruptcy lawyer seems to often have the unpleasant task of telling a debtor that …Cathy Moran, Esq.
when lost
Bankruptcy Procedure Question? Ask a ClerkThe  bankruptcy judge ordered me to get the signature of an absent party on the …Cathy Moran, Esq.
Develop a Bankruptcy Filing ChecklistAs bankruptcy lawyers, we don’t usually face the life and death situations that doctors do, …Cathy Moran, Esq.
Discharging Taxes in Bankruptcy: This Year’s TrapIncome taxes are dischargeable in bankruptcy if they meet the three year rule; the two …Cathy Moran, Esq.
Alternative to Bankruptcy: Do NothingBankruptcy lawyers sometimes forget:  not everyone worried about debt actually needs to file bankruptcy. The …Cathy Moran, Esq.
Taxes Owed from Day One of New YearApril 15th is so ingrained in our thinking as Tax Day that it’s easy to …Cathy Moran, Esq.
emergency bankruptcy
Beware the Emergency Bankruptcy FilingReal danger for client and lawyer lurks in the emergency bankruptcy petition: File without all …Cathy Moran, Esq.
Do Your Bankruptcy Schedules Tell the Client’s Story?The last check before you file your client’s bankruptcy schedules should be a step back …Cathy Moran, Esq.
bankruptcy exemptions
Exemption Choices for the Recently MobileOld and new consumer bankruptcy lawyers have a treasure in John Bates’ masterpiece on the …Cathy Moran, Esq.
Means Test & Creditors Claims: Enough is EnoughWhen the means test projected disposable income number is greater than 100% of the unsecured …Cathy Moran, Esq.
bankruptcy timing
When To File BankruptcyWhen to file bankruptcy turns out to be just as important as whether to file. …Cathy Moran, Esq.
means test
Getting the Most from the Means TestWhen the means test look-back period for a well paid individual includes the end of …Cathy Moran, Esq.
Fixing the Omission from the SchedulesTwice yesterday new bankruptcy practitioners asked about how to deal with debts or assets not …Cathy Moran, Esq.
Head Start on Bankruptcy ResearchHave you found Judge Randall Newsome’s  bankruptcy research binder on the Northern District Bankruptcy Court’s …Cathy Moran, Esq.
means test
Bankruptcy Schedules Look Forward and BackwardNew bankruptcy lawyers are often frustrated by the  internal inconsistencies required by the “reformed” Bankruptcy …Cathy Moran, Esq.
Answer to Every Question Starts in the CodeIf Jews, Muslims, and Christians are People of the Book, we, as bankruptcy lawyers, are, …Cathy Moran, Esq.
sorting assets
Exemptions & Property of the EstateSometimes, as an inexperienced bankruptcy lawyer,  it’s hard to get your head around the idea …Cathy Moran, Esq.
creditors
Track Down All The Client’s CreditorsWhile a new client may seek out a bankruptcy lawyer when they are served with …Cathy Moran, Esq.
Convert, Don’t Dismiss, That Bankruptcy CaseYoung lawyers just learning bankruptcy practice seem to have missed the portions of the Bankruptcy …Cathy Moran, Esq.
Bankruptcy Cases Not Predictably SimpleI’ve been aghast at the willingness of lawyers brand new to bankruptcy practice to take …Cathy Moran, Esq.
Surrendering Property in BankruptcyApart from Selling your home in a stress-free manner, many things are revolving around properties …Cathy Moran, Esq.
New Bankruptcy Lawyers, Google OnLawyers setting up a new bankruptcy practice often want to know which of the legal …Cathy Moran, Esq.
Beyond The Client’s PreconceptionsThe clients were in my office considering bankruptcy because of nasty litigation approaching trial.  While …Cathy Moran, Esq.
Attorney as added-value at 341 meeting
Attorney as added-value at 341 meetingThe lawyer’s presence at the 341 meeting often seems superfluous. A good 341 meeting is …Cathy Moran, Esq.
Struggling with “adequate protection”The bankruptcy code seems strangely inarticulate about adequate protection:  what are we protecting and how …Cathy Moran, Esq.
Notice Key to Bankruptcy SuccessWho should I give notice to, the young bankruptcy lawyer asked, the creditor who had …Cathy Moran, Esq.
new lawyer
Fine Time to be a New Bankruptcy LawyerThe internet has transformed the learning curve for lawyers new to bankruptcy.  Bankruptcy is a …Cathy Moran, Esq.

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