Bankruptcy Mastery

05/29/2025

Merchant Cash Advances: the scourge of small businesses.

Summary: In this extensive Chapter 11 adversary proceeding, the Bankruptcy Court for the Eastern District of North Carolina ruled on cross-motions for summary judgment concerning a Merchant Cash Advance (MCA) agreement between the debtor, Williams Land Clearing, and Apex Funding Source. The court he...

01/27/2025

From a recent NACBA communication on the need for legal volunteers.

Additionally, in the aftermath of disasters, volunteers may be needed to help staff a legal hotline or a resource table at disaster recovery centers. Volunteers may also be needed to conduct legal research, volunteer at clinics, or handle pro bono cases to assist disaster survivors. The California Lawyers Association also maintains a list of volunteer opportunities. Many are unaware that state bars across the country also allow out-of-state attorneys to volunteer as pro bono attorneys in their states. Attorneys can contact the national Legal Aid Disaster Resource Center to offer help and click the following link for more information: California State Bar Disaster Relief Legal Volunteers

It's worth considering whether pro bono services in connection with immigration raids are included amount these waivers.

01/13/2025

Sign up if you can.

CA Attorneys, looking to help victims of the devastating SoCal wildfires? Volunteer your legal skills and make a difference. Register on the California Pro Bono Portal to find opportunities for providing pro bono legal services. Register: https://www.calprobono.org/ and learn more: https://bit.ly/volunteerafteradisaster

12/27/2024

2025 brings an increase in the California homestead exemption.

It's time to check out the California homestead numbers for 2025. The 021 expanded California homestead not only brought the exemption closer to the real

06/26/2024

Don't have your clients needlessly pushed to Chapter 13, or overpaying in 13. Crunch the numbers for a better outcome.

The liquidation analysis drives any form of bankruptcy. It's more than assets minus liens and exemptions. Walk through all the elements.

06/21/2024

BAP case signals a sea change in Chapter 7 treatment of claims between spouses in the increasingly complex world of dischargeabilty.

Even when the contentions against a debtor-spouse sound in fraud, breach of fiduciary duty, or intentional tort, the claims of the debtor’s spouse survive a Chapter 7 discharge. Despite the fact that those sorts of claims against anyone other than a spouse would require a timely filed adversary pr...

06/20/2024

One tool for improving means test outcomes for homeowners is right in front of us.

Bankruptcy's means test allowances for operating a home are grossly out of touch with reality. Here's a work-around for means test success.

03/16/2024

Join Cathy Moran and Jill Michaux March 21 for an exploration of the income side of the bankruptcy means test, its quirks and quagmires. Free webinar sponsored by the NACTT Academy, suitable for attorneys and staff. Sign up link in the Mastery post and in the comments.

Free webinar March 21 for attorneys and staff on handling bankruptcy's means test with Cathy Moran and Jill Michaux.

03/15/2024

The stealth non-dischargeable debt.

Non-dischargeable taxes paid by credit card result in a non-dischargeable debt to the card issuer when the taxpayer files bankruptcy.

02/06/2024

I will be presenting a free training on bankruptcy as a tool for financial and mental health in May via Financial Social Work.

Join us to learn why, when, and how bankruptcy offers a fresh start.

06/15/2023

Ten simple propositions about bankruptcy that help any lawyer better serve their clients.

Check out ten bankruptcy basics that every attorney should know to help clients, whether the client needs bankruptcy or is a creditor.

05/23/2023

State law notwithstanding, debtor gets homestead applicable at filing and avoids judgment lien....relying on 30 year old Supreme Court case.

Homeowners filing bankruptcy are entitled to the California exemption increase in effect when they file, not when lien was recorded.