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Your Duty of Loyalty And Married Clients

By Cathy Moran, Esq. Filed Under: Counseling clients, Family Law in Bankruptcy

conflicts with spouses

 Are your loyalties divided When a married couple books a bankruptcy consultation, you have an immediate problem: There be dragons, as early map makers helpfully provided. Because, as a lawyer friend of mine says:   Anytime there are two people sitting across from you, you have a conflict of interest. That pithy expression has stuck […]

Filed Under: Counseling clients, Family Law in Bankruptcy Tagged With: 2021, ethics, professional responsibility

Is This Corporation Really Separate From Its Owners: A Checklist

By Cathy Moran, Esq. Filed Under: Business bankruptcy

corporate really separate

In a perfectly executed world, clients who do business via an entity like a corporation or LLC would arrive with their business life neatly separated from their personal lives. However, that’s not the world I practice in. It’s probably not yours, either. Instead, I have to sleuth out the facts, and compare them to the […]

Filed Under: Business bankruptcy Tagged With: 2021, business, corporation

Parker: Sweet Decision On Stay Violations

By Cathy Moran, Esq. Filed Under: Chapter 13

bankruptcy stay violation

I don’t know just what makes Parker such a treat for me, but it delivers multiple thrills to my bankruptcy lawyer heart. It’s a stay violation case with a BIG sanctions award. It’s a clearly, simply written opinion that lays out the circuit law on multiple issues. It hits hard at HOA hubris. It analyzes […]

Filed Under: Chapter 13 Tagged With: 2021, hoa, stay violation

Diaz & The Tax Refund

By Cathy Moran, Esq. Filed Under: Means test

bankruptcy tax refund

On its face, Diaz (Diaz v. Viegelahn , No. 19-50982 (5th Cir. Aug. 26, 2020)) is a pretty straightforward decision that struck down a local form plan as violating a below-median income debtor’s right to use her tax refund to finance necessary expenses for maintenance and support. On a deeper level, it appears to highlight […]

Filed Under: Means test Tagged With: 2021, EITC, tax refund

Hearsay Exception: How Do I Get This Into Evidence?

By Cathy Moran, Esq. Filed Under: Bankruptcy Practice, lawyer skills

hearsay exception

Quick: tell me everything you know about Federal Rule of Evidence 803(17)! If you’re like me, there’s deafening silence. I’ve apparently skated through forty years of bankruptcy practice without really considering how Kelly Blue Book figures get into evidence. If it worked, I just went on. (Hint: it’s FRE 803(17). But a change in California […]

Filed Under: Bankruptcy Practice, lawyer skills Tagged With: 2021, median home value

Unpacking The Enhanced California Homestead

By Cathy Moran, Esq. Filed Under: Exemptions

california homestead changes

On January 1, 2021, California’s homestead exemption grew from a prior low of $75,000 to a minimum of $300,000, to as much as $600,000, depending on county wide home prices. A big part of the change is that the increased homestead is available to homeowners regardless of age, health, or marital status. But with the […]

Filed Under: Exemptions Tagged With: 2021, California, exemption, homestead

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