Bankruptcy Mastery

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Counting to 90

By Cathy Moran, Esq. Filed Under: Bankruptcy Practice

This week I have apparently discovered bankruptcy lawyers who can’t count to 90.  Amazing, isn’t it?  Yet I’ve reviewed two cases where counsel failed to file the case  such that judgment liens fell within the 90 day preference period.  And these were cases where the liens had six figure totals and the debtor had assets. […]

Filed Under: Bankruptcy Practice Tagged With: client intake, learn bankruptcy law, preferences

Clients to avoid: those with bankruptcy-adverse spouses

By Cathy Moran, Esq. Filed Under: Bankruptcy Practice

Do you scope out the world view of  your prospect’s non filing spouse? I didn’t and I’m sorry.  The client was full of guilt about the financial situation and kept insisting at our first meeting that “no one should be hurt but him” as a result of the financial predicament leading to bankruptcy.  That situation […]

Filed Under: Bankruptcy Practice Tagged With: client intake, client selection, consumer bankruptcy law

Bankruptcy Schedules Call For Payoff Balance

By Cathy Moran, Esq. Filed Under: Bankruptcy Practice, Start Here

Babel fish from Hitchhiker's Guide to the Galaxy

Bankruptcy debtors hear something different when their lawyer asks, “What do you owe on your mortgage”. It’s as though they speak a different language,  Client, while we speak Bankruptcy. As  bankruptcy lawyers, we need to be bilingual. It shouldn’t be a trick question, but all too often the answer a bankruptcy lawyer gets back is […]

Filed Under: Bankruptcy Practice, Start Here Tagged With: bankruptcy practice, client intake, filing bankruptcy

When To File Bankruptcy

By Cathy Moran, Esq. Filed Under: Before filing, Start Here

bankruptcy timing

When to file bankruptcy turns out to be just as important as whether to file. I saw it playing out in a single day in my office. All three consultations on Friday featured clients intent on filing bankruptcy IMMEDIATELY. Each of them was  certain that they had no time before some disaster would befall them […]

Filed Under: Before filing, Start Here Tagged With: bankruptcy practice, client intake, collectors, counseling clients, payment default

Bankruptcy Cases Not Predictably Simple

By Cathy Moran, Esq. Filed Under: Bankruptcy Practice, Start Here

I’ve been aghast at the willingness of lawyers brand new to bankruptcy practice to take on cases and issues far beyond their current competence.  I’ve tried to gently counsel that  both self preservation and the client’s best interest require the inexperienced to pass on cases beyond their present skill set. I realized just how glib  […]

Filed Under: Bankruptcy Practice, Start Here Tagged With: client intake, client selection, insurance proceeds, learning bankruptcy law, post petition acquisition

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