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After the loan modification: the underwater house

By Cathy Moran

Two trends in the housing crisis are intersecting in my practice:  we’re seeing more loan modifications, all the while we see more and more homeowners with whopping negative equity. The question I’m asking each client eager for a modification is “what do you expect for this property five years from now?” Most loan modifications are […]

Filed Under: Uncategorized

Guilt & fear used to keep homeowners paying

By Cathy Moran

Susanne Robicsek’s post on the futility of keeping a home through bankruptcy brought to mind Professor Brent White’s paper on the use by government and financial counselors of fear and shame to keep people paying on mortgages on underwater homes. White cites a litany of messages from apparently credible sources who chant that a foreclosure […]

Filed Under: Real property & mortgages

Bankruptcy lawyer must have otherworldly powers

By Cathy Moran

A colleague’s rant about murky language of notices from the bankruptcy court struck a cord. In an attempt to provide notice, the court sometimes sows confusion. But my pet peeve is the client who calls up and says, literally, “I got this letter from {insert name of court or creditor, or trustee}. What does it […]

Filed Under: You & your lawyer

Perversity run amok

By Cathy Moran

The clients in financial trouble couldn’t get the attention of their mortgage lender about the coming train wreck.  But you’re current, said the telephone representative for the lender.  So, the clients deliberately missed a payment to make their point that they needed help. Care to guess what happened next?  Determined to remain only one payment […]

Filed Under: Uncategorized

Negotiate to the last minute at your peril

By Cathy Moran

The would be client had millions of dollars of equity in the house at stake, yet waited til the week of the foreclosure to look for a bankruptcy lawyer.  The required case would be a Chapter 11, which is heavy on procedure.  I didn’t have the capacity to take on such a case on an […]

Filed Under: Uncategorized

Short sales no boon to credit score

By Cathy Moran

When the house is unaffordable,  homeowners often look to a short sale or deed in lieu in the belief that avoiding foreclosure means avoiding the credit score hit.  Not so. Sharon Epperson’s bit in USAWeekend today points out that a deed in lieu or a short sale will likely be reported as “not paid as […]

Filed Under: Uncategorized

Mortgage modification bill returns to Congress

By Cathy Moran

A bipartisan group of Representatives is planning to offer an amendment to the Wall Street reform bill being debated on December 9th that would allow bankruptcy judges to approve changes to mortgages on the family home. Currently, lenders are protected from plan terms that change the terms of loans secured by personal residences.  Judges can […]

Filed Under: Uncategorized

Should you pay the mortgage?

By Cathy Moran

Homeowners should be walking away from underwater houses in droves, according to the analysis of University of Arizona law professor Brent White.  And they shouldn’t feel guilty about it either. White’s argument is that until  borrowers make clear headed economic, rather than emotional, decisions about paying for underwater houses, the banks will not be moved […]

Filed Under: Uncategorized

Money management and the things we “deserve”

By Cathy Moran

American Express radio commercials are touting a women’s money group, The Smart Cookies, who, we’re told, got control of their personal debt problems within two years. The five women they featured collectively owed $50,000, which seems small relative to the clients I see. But what set my teeth to grinding was one woman’s assurance that it […]

Filed Under: Uncategorized

Thankful amid hard times

By Cathy Moran

As families and well established businesses pour through my office, I remain thankful that our bankruptcy laws and societal mores provide an economic fresh start for those who have no reasonable hope of repairing their finances The process of filing bankruptcy is no more traumatic than the participant makes it;  the lead up to admitting […]

Filed Under: Uncategorized

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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

How Bankruptcy Works

Cheat Sheet For Passing Bankruptcy Means Test

The bankruptcy means test has a fatal weakness in its attempt to keep people out of bankruptcy. Like so much recently, it's health care. It's health care, in the future, to be paid before your creditors get any money in your bankruptcy. It works because, in a logic that only Congress could employ, the means … Read more

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