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10 Best Bankruptcy Soap Box Posts Of 2015

By Cathy Moran

Top 10 of the year

How do I measure which Soapbox posts from 2015 are my favorites?  It’s like asking which of my children I like the best.

Some posts I like because the topic is important;  some because they are useful; and some I just like because they were fun to write.

So, here goes my countdown to the 10 posts from 2015 that top my list of favorites, organized by topic.

Four great new decisions

After what seems like years of creditor-friendly decisions from bankruptcy judges and appellate courts, we saw some decisions this year that made my heart sing.

see saw-pixabay-public_optDebtors Get Their Attorneys Fees Too

Reciprocal attorneys fee clauses in contracts between the debtor and a lender apply when the dispute takes place in bankruptcy court, says the 9th Circuit in Penrod.  In this case, the debtor’s fees when she finally won were $240,000.  Yeah, team.

Real estate conceptNo Discharge Required to Strip Liens

The wait is over:  an underwater mortgage lien can be stripped off a home in a Chapter 13 case, even if the debtor isn’t eligible for a discharge in the case.  It’s plan completion, not discharge, that voids the lien.

304526237_6d1acf58bb_z_optLiens Left From Chapter 7 Don’t Count in Chapter 20

If there’s no collateral, then a lien supporting a discharged debt doesn’t count for Chapter 13 eligibility.  Lingering confusion about what it means that “liens pass through bankruptcy” is resolved by the BAP in Free.

student loan dischargeStudent Loans Discharged When Hardship Seen Broadly

The undue hardship necessary to discharge a student loan includes the ugly tax consequences of the government’s income based repayment schemes and the stress of being forever liable for a loan, even if you don’t have to pay now.  Abney isn’t a California decision or an appellate decision, it’s just humane judging.

Three bang up basics posts

entrepreneur-593362_1280Essential Habits For New Entrepreneurs

Four habits to indulge from the very beginning of your new business to make success more likely, regardless of what your business does.  Well begun is half done.

money troubleThe New Debt That Comes With Divorce

The surprising consequences of a “hold harmless” clause in the division of debts in a dissolution.  You may end up with unexpected obligations to your ex that aren’t dischargeable in Chapter 7.

3303612406_ca463c28e3_zZero Percent Credit Card Payment Plan

No need to make a deal with creditors if you understand how Chapter 13 works.  A bankruptcy judge makes the deal stick.

Two subjects close to my heart

dollar-551932_1280_optMaking Mortgage Servicing Transparent

Nothing worries me the way messed up mortgage servicing does.  Homeowners have had few tools to uncover what’s happening with their loans until the CFPB created a new tool for getting visibility into where your loan payments are applied.

cut finger_optJudges Under-value Consumer Bankruptcy Attorneys

My rant on the unwillingness of bankruptcy judges to allow reality-based fees for the difficult work of representing individuals in bankruptcy cases.  No competent lawyer will choose this field if you can’t make a living at it.

One standout post

2904165056_7f6647574d_bWhat Kenny Rogers Teaches Us About Getting Out of Debt

I love the message and the melody here:  there is a time to fold your cards and toss in your hand.  Too many people I see wait far too long to file bankruptcy, enduring stress and further depleting assets desperately needed for other needs.

My favorites are different from your favorites.  Makes life and lawyering fun.

Happy New Year.

 

More from the Soapbox

  • The Foreclosure That Was Longer Than War & PeaceThe Foreclosure That Was Longer Than War & Peace
  • The Fate of Second Homes In BankruptcyThe Fate of Second Homes In Bankruptcy
  • Bankruptcy Alphabet: O Is For OmittedBankruptcy Alphabet: O Is For Omitted
  • Better Credit After Bankruptcy: Does Reaffirming A Car Loan Help?Better Credit After Bankruptcy: Does Reaffirming A Car Loan Help?
  • Best Of 2014 On Bankruptcy SoapboxBest Of 2014 On Bankruptcy Soapbox

Filed Under: Featured Tagged With: 2015

About Cathy Moran

I'm a veteran bankruptcy lawyer and consumer advocate in California's Silicon Valley. I write, teach, and speak in the hopes of expanding understanding of how bankruptcy can make life better in a family's future.

Chapter 13 available to more

About The Soapbox

You've arrived at the Bankruptcy Soapbox, a resource of bankruptcy information and consumer law.

Soapbox is a companion site to Bankruptcy in Brief, where I try to be largely explanatory and even handed (Note I said "try").

Here, I allow myself to tell stories and express strong opinions on how I think law should work for the consumer and small businesses when it comes to debt.

Moran Law Group
Bankruptcy specialists for individuals and small businesses in the San Francisco Bay Area

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