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Writer’s Block And The Bankruptcy Schedules

By Cathy Moran, Esq. Filed Under: Bankruptcy Practice

Comes the plaintive call on the phone:  how do I list this? Faced with a blank schedule  and a house, located in another state,  titled to an estranged  non filing spouse, in which the debtor may have a claim under the marital property laws of California, the rookie bankruptcy lawyer froze. I’m flattered to be […]

Filed Under: Bankruptcy Practice Tagged With: bankruptcy schedules, new bankruptcy lawyer

I Flunked Mindreading

By Cathy Moran, Esq. Filed Under: Bankruptcy Practice

I Flunked Mindreading

For six months, I’ve been writing this blog for newish bankruptcy lawyers, trying to imagine what it is that I know about this practice that you, as a newcomer, needs to know sooner rather than later. I’ve shamelessly lifted stories from my clients and those of my local newbies to write about here.  I’ve snatched […]

Filed Under: Bankruptcy Practice Tagged With: bankruptcy practice, bankruptcy skills, new bankruptcy lawyer

Bankruptcy Lawyer’s Weapon of Choice

By Cathy Moran, Esq. Filed Under: Bankruptcy Practice

desk phone

How do you make your first assault on a contested matter in bankruptcy? Pick up the phone to your opponent! Countless times, a new bankruptcy lawyer gets an objection or opposition and indulges in  a reflexive question about what kind of pleading to file or counter manoevre to initiate.  Their first move should be to […]

Filed Under: Bankruptcy Practice Tagged With: bankruptcy disputes, bankruptcy practice, contested matters, new bankruptcy lawyer

Newbie Summer Reading: Johnson v. Home State Bank

By Cathy Moran, Esq. Filed Under: Bankruptcy Practice

Family farm

After  a Chapter 7 discharge, is there anything left of a mortgage to reorganize in Chapter 13? That’s the question that the Supreme Court resolved in Johnson v. Home State Bank, the next on our summer reading list for new bankruptcy lawyers.  Believe it or not, it was 12 years after adoption of the 1978 […]

Filed Under: Bankruptcy Practice Tagged With: bankruptcy claim, Chapter 20, learning bankruptcy law, new bankruptcy lawyer

Bankruptcy Lawyers Needn’t Predict The Future

By Cathy Moran, Esq. Filed Under: Bankruptcy Practice

Do you feel exposed when bankruptcy clients ask about how filing will impact their ability to get credit post bankruptcy? One of the nice things about having practiced bankruptcy law as long as I have is the ability to draw on the outcomes of many prior cases.  For years, I’ve had a patter about credit […]

Filed Under: Bankruptcy Practice Tagged With: counseling bankruptcy clients, credit after bankruptcy, new bankruptcy lawyer

What, Me Worry?

By Cathy Moran, Esq. Filed Under: Bankruptcy Practice

Do you think I worry about these issues too much? the rookie bankruptcy lawyer asked me. The issue was exemption planning and the question was whether instituting an IRA and funding it for the current year before filing was a transfer, and if so, would it be objectionable to a Chapter 7 trustee.  We went […]

Filed Under: Bankruptcy Practice Tagged With: bankruptcy practice, learning bankruptcy law, new bankruptcy lawyer

The Unrecoverable Bankruptcy Mistake

By Cathy Moran, Esq. Filed Under: Bankruptcy Practice

business leased premises

Which of the blunders by prior counsel in Chapter 13 threaten a problem for which no good fix exists?  Failure to timely assume the lease for the sole proprietorship liquor store.  And it was a near run thing for me as well. This couple brought me their pending Chapter 13, fraught with trustee objections, inconsistencies, […]

Filed Under: Bankruptcy Practice Tagged With: assumption of lease, Chapter 13, new bankruptcy lawyer, unexpired lease

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