Bankruptcy Mastery

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Taxes & Timing: Calculating Outcomes for Bankruptcy Debtors

By Cathy Moran, Esq. Filed Under: Tax

bankruptcy tax refund

Bankruptcy lawyers regularly evaluate the dischargeability of taxes when deciding when to file a client’s bankruptcy case. At base, the 3 year rule, the 2 year rule, and the 240 day rule routinely drive timing of a bankruptcy. But as we approach the end of the tax year, a client’s current year tax situation becomes […]

Filed Under: Tax Tagged With: 2019

First Principles For First Meetings

By Cathy Moran, Esq. Filed Under: Bankruptcy Practice

Once again, I sat in a 341 meeting where the trustee purported to deliver vital information to the assembled debtors. She had a captive audience of anxious listeners.  She had ostensible power of life and death over their financial future. They needed to know what she had to say. But as communication, it failed.  Badly.  […]

Filed Under: Bankruptcy Practice Tagged With: 2019

When The Means Test Is Meaningless

By Cathy Moran, Esq. Filed Under: Means test

bankruptcy means test

A local bankruptcy attorney stumbled over the most basic part of the  means test. Just this week…  nearly 15 years after the bankruptcy “reform” act of 2005. I thought we were several years past bankruptcy attorneys  clueless about the means test. But apparently not. When the means test doesn’t apply This fine fellow told a […]

Filed Under: Means test Tagged With: 2019, means test

Win Now, Wreck Later: A Tale of Bankruptcy and Mortgage Servicing

By Cathy Moran, Esq. Filed Under: Bankruptcy Practice

My Google Alert popped up a lovely win for a Chapter 13 homeowner , but all I could see was the train wreck that lies ahead. The bankruptcy court ruled that the confirmed (and completed) plan trumped a late-filed mortgage proof of claim. Payment of the amount provided in the plan cured the prepetition arrearage. […]

Filed Under: Bankruptcy Practice Tagged With: 2019, mortgage servicing, Rule 3002.1

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