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Best Bankruptcy Advice of The Year

By Cathy Moran

best bankruptcy advice

 

Readers of Bankruptcy Soapbox vote for their favorite bits of bankruptcy and money advice with their eyeballs.

I’ve tallied the eyeballs on the 48 posts written in 2018, and, cue the fanfare, present the top 10 most-read new posts for 2018.

And in fact, this advice will stand you in good stead in 2019.

why file bankruptcy10  What really causes bankruptcy

The pundit’s proposition that irresponsibility was the cause of bankruptcy made me furious.  Four decades of bankruptcy practice suggests that the root causes of bankruptcy relief have much more to do with laudable human activities and unavoidable bad luck.  See if you agree.

 

HOA debt discharged9  Chapter 13 discharges HOA debts

Thirteen years after the miserably written bankruptcy reform act became law, the 9th Circuit Court of Appeals made one thing clear:  the discharge in a Chapter 13 case wipes out the debtor’s personal liability for HOA dues that arose after the filing of the case.

 

bankruptcy stay8  What the automatic stay doesn’t stop

Filing bankruptcy automatically makes the continuation of most collection actions unlawful.  That’s the power of bankruptcy.  But that power has its limits.  These five kinds of legal actions can proceed despite a bankruptcy filing.

add creditor7  Are you screwed if you omit a creditor from your bankruptcy

What happens if you accidentally leave a creditor out of the list of creditors filed in your bankruptcy case?  Having screwed up, can you recover?  We look at when you can fix the mistake and whether that fix really solves the problem.

 

debt settlement6  True story of a family who settled their debt for 3 cents on the dollar

My client, with a fine income, a home, and a working spouse, escaped $370,000 in credit card debt for pennies.  The power of Chapter 13 is that you keep your assets and pay only what your income or your assets allow.  Protection while you pay and no tax when debt is discharged.  Sweet.

 

life after bankruptcy5  What is life REALLY like after bankruptcy?

Creditors and the debt-settlement companies want you to think that life as you know it ends if you seek relief in bankruptcy.  Tain’t so.  Here is a clear-eyed look at seven ways that your economic life changes after your discharge.  None are negative.

 

tax after bankruptcy4   IRS caught double-dipping

The Affordable Care Act imposed a penalty for not having health insurance, collected by the IRS.  I caught the IRS trying to collect that penalty twice: once as a part of my client’s tax debt for the year, and again as a separate tax on the IRS proof of claim.  Challenged, the IRS reduced its demand.

 

mortgage protections3  New law gives heirs and divorced people equal mortgage rights

Homeowners who got title through inheritance or a divorce decree have historically been treated as outsiders by mortgage servicers.  If the present owner wasn’t also the sole borrower on the secured loan, mortgage modification and even monthly statements were denied.  No more under new federal law.

 

should I file bankruptcy2  The Motley Fool offers truly foolish advice on filing bankruptcy

In which I go off on a national financial service focusing on all the wrong things when looking at bankruptcy as an option for financial woes.  The question of whether to file bankruptcy has no simple or universal answer, and is NOT, in my view, driven by its effect on your credit score.

monthly mortgage statement1  CFPB rule gives all bankruptcy filers a right to monthly mortgage statements

Mortgage servicers can no longer hide behind bankruptcy law to justify withholding monthly mortgage statements to a borrower who wants to pay the home loan.  Federal law now requires monthly statements, and protects servicer from a claim that it violates the law by doing so.  Score one for homeowners!

 

Next time, I’ll assemble my personal favorites from this year’s batch of posts.

Have a happy and prosperous New Year.

 

 

 

 

More from the Soapbox

  • Your Tax Refund In The Crosshairs In Debt Collecting SeasonYour Tax Refund In The Crosshairs In Debt Collecting Season
  • What You Think About Chapter 13 Is Dead WrongWhat You Think About Chapter 13 Is Dead Wrong
  • California Homestead Exemption: The Truth Isn’t What You ThinkCalifornia Homestead Exemption: The Truth Isn’t What You Think
  • Your Tax Refund Is Exposed In Bankruptcy, Unless…Your Tax Refund Is Exposed In Bankruptcy, Unless…
  • It Takes More Than Bankruptcy To Save Your HouseIt Takes More Than Bankruptcy To Save Your House

Filed Under: Consumer Rights Tagged With: 2018

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.

Bankruptcy Basics

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. We dig deeper into how to consider bankruptcy and navigate a bankruptcy case.

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

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