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Judicial review of debtor’s attorneys fees

By Cathy Moran

At a hearing on the approval of my attorneys fees in a Chapter 13 case, the judge questioned the fees I attributed to defending a motion for relief from stay which was granted after three hearings.  Wasn’t this a lost cause from the start, she asked? My reply was that I had raised questions of […]

Filed Under: Uncategorized

Foreclosure the day after tomorrow

By Cathy Moran

The email said: ” We saw you two months ago about bankruptcy.  The foreclosure is Tuesday.  Can you help?” I wanted to reply:  “Where have you been in the past two months?  What were you thinking to wait til now to start filing bankruptcy?” Instead I said: “Bring information, money and be here in two […]

Filed Under: Uncategorized

Credit card “overspending” parallels housing crisis

By Cathy Moran

Forbes has compiled a list of cities where credit card spending is highest. My scan of the list suggests that this list is simply another version of the areas of the country where housing is in trouble.  Homeowners with outsized mortgage payments rely on credit cards to make up the difference needed to support the […]

Filed Under: Consumer Rights

Keep the house? Deflector shields up

By Cathy Moran

Logic and reality have been bouncing off my clients’ deflector shields recently on the issue of their houses.  Confronted with the gap between their income and even the payment on a modified loan, I get the refrain, “But keeping the house is the most important thing in my case!” Yes, and how do you expect […]

Filed Under: Uncategorized

Credit card for emergencies

By Cathy Moran

Can I keep a credit card out of my bankruptcy for future emergencies, clients routinely ask.  The short answer is that you can properly omit from your bankruptcy filing any card issuer with whom you don’t have a balance.  Those issuers are not creditors at this point. The broader question is just how useful is […]

Filed Under: Uncategorized

Student loans ensnare parents

By Cathy Moran

Should you guarantee a student loan, asks my good friend Doug Jacobs.  His is the cool, reasoned analysis.  I want to jump up and down and say DON”T DO IT. It pains me to say that.  My undergraduate education was funded in part with modest student loans.  I believe education is the key to much […]

Filed Under: Student loans

What if you choose an alternative to bankruptcy

By Cathy Moran

I’ve continued to think about my response to David Leibowitz’s discussion of getting out of debt without bankruptcy.  My first response focused on the choices inherent in paying off creditors outside of bankruptcy. I forgot to point out the efficacy issue:  if you try to pay off your debts via settlement, it takes only one […]

Filed Under: Considering Bankruptcy

The latest debt collector violation of law

By Cathy Moran

A debt  collector including the creditor itself must not contact a California debtor who it knows is represented by an attorney.  Yet the collector violation de jour seems to be the refrain, “I don’t care if you  have a bankruptcy lawyer, I’ll call you every day until you can provide a bankruptcy case number”. If […]

Filed Under: Uncategorized

How long for California foreclosure

By Cathy Moran

The time between a notice of default on a mortgage loan and foreclosure now averages 176 days.  California law requires only 112 days.  So, while the number of defaults is increasing, the interval between the statutory notice of default and actual sale is also increasing. Before the recent crisis, lenders typically issued a notice of […]

Filed Under: Uncategorized

Financial products sold to the unsophisticated

By Cathy Moran

Quick:  how is a small Tennessee town like a California family facing foreclosure?  The New York Times suggests it’s because they were both sold risky financial products to meet their borrowing needs.  The unemployment-wracked town of 11,000 was not told about the interest rate risk in the bond derivatives that financial advisors promoted and sold […]

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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